THE  LIBRARY 

OF 

THE  UNIVERSITY 
OF  CALIFORNIA 

LOS  ANGELES 


The  RALPH  D.  REED  LIBRARY 

•O 

DEPARTMENT  OF  GEOLOGY 
UNIVERSITY  OF  CALIFORNIA 

LOS  ANGELES,  CALIF. 


Mining  Laws 
of  Ohio  4  1910 


Compiled  by 
GEORGE  HARRISON 
Chief  Inspector  of  Mines 


Mining  Laws  of  Ohio 


1910 


COMPILED   BY 

GEO.    HARRISON, 

CHIEF  INSPECTOR  OF  MiNts 


COLUMBUS,  OHIO: 

PRESS  OF  THE  F.  J.  HEKJI  PRINTING  Co 

1910 


Library 


\  o  i    f\ 
NOTICE. 


Where  there  is  more  than  one  section  relat- 
ing to  the  same  subject  matter,  the  additional 
section  references  have  been  placed  at  the  end 
of  these  sections  in  parenthesis. 

Persons  are  also  requested  to  consult  the 
Table  of  Contents  as  well  as  the  Classified  Index 
which  is  given  in  minute  detail. 

Also  read  carefully  the  Penalties  which  are 
provided  in  Section  976  for  violation  of  all  laws 
commencing  with  duty  of  County  Coroner  in  Sec- 
tion 921,  and  ending  with  Section  975,  with  tho 
exception  of  Sections  968,  969  and  972,  for  which 
no  penalties  -are  provided. 


TABLE   OF  CONTENTS. 

Sections. 
Relating  to  chief  and  district  inspectors. .   898-920 

Relating  to   county  recorder   and  county 

coroner  921 

Relating  to  owner,  lessee  or  agent 922-950 

Relating  to  superintendent,  mine-foreman 

and  over-seer  951-961 

Relating  to  stableman  and  fire-boss 955 

Relating  to  employes  generally 956-963 

Relating  to  persons  not  employes 964 

General  provisions  965-972 

Relating   to    oil    and    gas    wells    through 

coal  measures   973 

Relating  to  illuminating  oil  for  mines 974-975 

Relating  to  penalties '. .  976 

Relating  to  fines  collected,  prosecutions, 
when  act  takes  effect,  and  re- 
peals    977-978 

5 


817691 


Relating  to  Chief  Inspector  of  Mines 

and  District  Inspectors 

of  Mines. 

7 


Mining  Laws  of  Ohio. 

S.    B.    No.   91. 

Passed  April  5,  1910. 

Approved  April  11,  1910. 

In  effect,  June  11,   1910. 

AN   ACT 

To  amend  Sections  898,  899,  900,  901,  902,  903, 
904,  905,  906,  907,  908,  909,  910,  911,  912,  913, 
914,  915,  916,  917,  918,  919,  920,  921,  922,  923, 
924,  925,  926,  927,  928,  929,  930,  931,  932,  933, 
934,  935,  936,  937,  938,  939,  940,  941,  942,  943, 
944,  945,  946,  947,  948,  949,  950,  951,  952,  953, 
954,  955,  956,  957,  958,  959,  960,  961,  962,  963, 
964,  965,  966,  967,  968,  969,  970,  971,  972,  973, 
974,  975,  976,  977  and  978  of  the  General 
Code,  relating  to  the  appointments,  powers 
and  duties  of  the  chief  inspector  of  mines 
and  -the  district  inspectors  of  mines  and  to 
provide  regulations  governing  mines  and 
mining. 

RELATING   TO  CHIEF   INSPECTOR   OF   MINES 

AND    DISTRICT    INSPECTORS    OF 

MINES. 

Be    it   enacted    by   the    General    Assembly    of    the 

State  of  Ohio: 

SECTION  1.  That  sections  898,  899,  900,  901, 
902,  903,  904,  905,  906,  907,  908,  909,  910,  911, 
912,  913,  914,  915,  916,  917,  918,  919,  920,  921, 
9 


10 


922,  923,    924,    925,    926,  927,    928,    929,    930,  931, 

932,  933,  934,    935,    936,  937,    938,    939,    940,  941, 

942,  943,  944,    945,    946,  947,    948,    949,    950,  951. 

952,  953,  954,    955,    956,  957,    958,    959,    960,  961, 

962,  963,  964,    965,    966,  967,    968,    969,    970,  971, 

972,  973,  974,   975    976,  977,    978    of   the   General 
Code  be  amended  so  as  to  read  as  follows: 

Sec.  898.  [Appointment  of  chief  inspector.] 
Upon  the  expiration  of  the  present  term  of  the 
chief  inspector  of  mines,  the  governor,  with  the 
.advice  and  consent  of  the  senate,  shall  appoint 
a  chief  inspector  of  mines,  who  shall  hold  his 
office  for  a  term  of  four  years  from  the  date 
of  his  appointment  and  until  his  successor  is 
appointed  and  qualified. 

Sec.  899.  [Qualifications  of  chief  inspector 
of  mines.]  No  person  shall  be  appointed  chief 
inspector  of  mines  unless  he  has  a  competent 
knowledge,  insofar  as  such  sciences  relate  to 
mining,  of  chemistry,  the  mineralogy  and  geology 
of  this  state,  a  practical  knowledge  of  the  dif- 
ferent systems  of  working  and  ventilating  mines, 
the  nature  and  properties  of  the  noxious  and 
poisonous  gases  in  mines,  particularly  fire-damp, 
the  best  means  of  preventing  the  accumulation 
of  such  gases,  and  the  best  means  of  removing 
the  same.  He  shall  also  have  had  at  least  five 
years  actual  practical  experience  in  mining  in 
this  state,  shall  have  a  knowledge  of  mine  en- 
gineering, and  shall  have  a  practical  knowledge 
of  the  uses  and  dangers  of  electricity  as  applied 
at.  in.  and  around  mines. 


11 


Sec.  900.  [Appointment  of  district  inspec- 
tors.] The  chief  inspector  of  mines,  with  the 
approval  of  the  governor,  shall  appoint  twelve 
district  inspectors  of  mines,  each  of  whom  shall 
hold  his  office  for  a  term  of  three  years  from 
the  date  of  appointment  and  until  his  successor 
is  appointed  and  qualified. 

Sec.  901.  [Qualifications  of  district  inspec- 
tors of  mines.]  No  person  shall  be  appointed 
district  inspector  of  mines  unless  he  has  been  a 
resident  of  the  district  for  which  he  is  appointed, 
for  at  least  two  years,  has  had  at  least  five 
years'  actual  practical  experience  in  mining  in 
this  state,  has  a  practical  knowledge  of  the 
best  methods  of  working  and  ventilating  mines, 
of  the  nature  and  properties  of  noxious  and 
poisonous  gases,  particularly  fire-damp,  of  the 
best  means  of  detecting  the  presence  of  and  pre- 
venting accumulations  of  such  gases  and  the 
best  means  of  removing  the  same,  and  has  a 
practical  knowledge  of  the  uses  and  dangers  of 
electricity  as  applied  at,  in,  and  around  mines. 

Sec.  902.  [Inspectors  must  devote  entire 
time  to  duties  of  office.]  The  chief  inspector  of 
mines,  and  each  district  inspector  of  mines,  shall 
give  his  whole  time  and  attention  to  the  duties 
of  his  office.  While  in  office  he  shall  not  be 
financially  interested  in  any  mine,  or  under  obli- 
gations to  any  person  or  persons  interested  in 
the  operation,  management  or  working  of  any 
mine  in  the  state,  in  any  manner  that  may  tend 
to  influence  him  in  the  faithful  and  impartial  dis- 
charge of  his  duties. 


12 


Sec.  903.  [Bond  cf  inspectors.]  Before  enter- 
ing upon  the  discharge  of  the  duties  of  his  office, 
the  chief  inspector  of  mines,  and  each  district 
inspector  of  mines,  shall  give  a  bond  to  the 
state,  the  former  in  the  sum  of  five  thousand 
dollars,  and  the  latter  in  the  sum  of  two  thousand 
dollars,  with  two  or  more  sureties  approved  by 
the  governor,  conditioned  for  the  faithful  dis- 
charge of  the  duties  of  his  office.  Such  bond, 
with  the  approval  of  the  governor  and  the  oath 
of  office  indorsed  thereon,  shall  be  deposited  with 
the  secretary  of  state  and  kept  in  his  office. 

Sec.  904.  [Offices  of  inspectors.]  The  chief 
inspector  of  mines  shall  have  an  office  in  the 
state  house,  in  which  he  shall  keep  the  maps 
and  plans  of  all  mines  in  the  state,  and  all 
records,  correspondence,  papers,  apparatus,  and 
other  property  belonging  to  the  state,  pertaining 
to  his  office,  in  accessible  and  convenient  form 
for  reference  by  persons  entitled  to  examine 
them,  all  of  which  he  shall  deliver  to  his  suc- 
cessor in  office.  The  persons  entitled  to  ex- 
amine maps,  plans,  records  and  papers  of  a 
mine,  shall  be  the  owner,  lessee  or  agent  of  surch 
mine;,  the  persons  financially  interested  in  such 
mine;  the  owner,  or  owners,  of  land  adjoining 
such  mine;  the  owner,  or  owners,  of  land  ad- 
jacent to  such  mine;  the  owner,  lessee  or  agent 
of  a  mine  adjacent  to  such  mine;  and  the  au- 
thorized representatives  of  the  employes  of  such 
mine.  The  chief  inspector  of  mines  shall  not  per- 
mit such  maps,  plans,  records  and  papers  to  be 
removed  from  his  office,  and  shall  not  furnish 


13 


copies  thereof  to  any  persons,  except  by  request 
of  the  owner,  lessee  or  agent  of  the  mine  to 
which  such  maps,  plans,  records  and  papers  per- 
tain. Each  district  inspector  shall  keep  his  of- 
fice in  such  place  in  his  district  as  is  central 
and  convenient. 

Sec.  905.  [Salaries  and  expenses  of  inspec- 
tors.] The  present  incumbents '  of  the  office  >f 
district  inspector  of  mines  shall  receive  a  salary 
of  twelve  hundred  dollars  per  annum,  but  any 
district  inspector  of  mines  appointed  after  the 
passage  and  approval  of  this  act  shall  receive  a 
salary  of  eighteen  hundred  dollars  per  annum. 
The  present  incumbent  of  .the  office,  of  chief  in- 
spector of  mines  shall  receive  the  salary  as  pro- 
vided for  in  section  2250  of  the  General  Code, 
but  any  chief  inspector  of  mines  appointed  after 
the  passage  and  approval  of  this  act  shall  re- 
ceive a  salary  of  three  thousand  dollars  per 
annum.  The  chief  inspector  of  mines,  and  each 
district  inspector  of  mines,  shall  receive,  in  ad- 
dition to  the  salaries  herein  provided  for,  all 
necessary  and  legitimate  expenses  incurred  by 
them  in  the  discharge  of  their  duties,  to  be  ap- 
proved by  the  chief  inspector  of  mines,  itemized 
statements  of  which  expenses  shall  be  filed  with 
the  auditor  of  state.  Provided,  however,  that 
any  public  officer  who  knowingly  accepts  any 
payment  from  any  mine  inspector  for  political 
purposes  shall  forfeit  his  office,  and  any  person 
who  accepts  any  contribution  of  money  or  any- 
thing of  value  from  any  mine  inspector  for  use 
in  any  political  campaign,  or  for  any  campaign 
purpose,  shall  be  guilty  of  a  misdemeanor. 


14 


Sec.  906.  [Duties  of  chief  inspector.]  The 
chief  inspector  of  mines  shall  designate  the 
counties,  or  portions  thereof,  which  shall  com- 
pose the  different  districts,  and  may  change  such 
districts  whenever  in  his  judgment  the  best  in- 
terests of  the  service  so  require.  He  shall  issue 
such  instructions,  and  make  such  rules  and  regu- 
lations for  the  government  of  the  district  in- 
spectors of  mines  consistent  with  the  powers  arid 
duties  vested  in  them  by  law,  as  will  secure 
uniformity  of  action  and  proceedings  throughout 
all  the  districts.  The  chief  inspector  of  mines 
may  order  one  district  inspector  of  mines  to  the 
assistance  of  any  other,  or  may  make  temporary 
transfers  of  district  inspectors  of  mines,  when, 
in  his  judgment,  the  efficiency  of  the  service  de- 
mands or  permits,  and  with  the  consent  of  the 
governor,  may  remove  any  district  inspector  of 
mines  for  reasonable  cause.  The  chief  inspector 
of  mines  shall  give  such  personal  assistance  to 
the  district  inspectors  of  mines  as  they  may  need, 
and  make  such  personal  inspection  of  the  mines 
as  he  deems  necessary  and  his  other  duties  per- 
mit. He  shall  keep  in  his  office  and  carefully 
preserve  all  maps,  surveys,  reports  and  other 
papers,  required  by  law  to  be  filed  with  him,  and 
arrange  and  preserve  them  as  a  permanent  record 
of  ready,  convenient  and  connected  reference. 
He  shall,  upon  receipt  of  a  report  of  the  district 
inspector  of  mines,  or  of  a  committee  of  miners^ 
covering  the  conditions  of  a  mine,  promptly  mail 
a  copy  thereof  to  the  general  office  of  the  owner, 
lessee  or  agent  of  such  mine.  (Sec.  967.) 


15 


Sec.  907.  [Duty  in  case  of  fatal  accident.] 
Upon  receiving  notice  from  the  owner,  lessee  or 
agent  that  a  fatal  accident  has  occurred  at  a 
mine,  the  chief  inspector  of  mines  shall  go,  or 
order  one  of  the  district  inspectors  of  mines  r.o 
go,  at  once,  to  the  mine  at  which  such  accident 
occurred,  inquire  into  its  cause,  and  make  a 
written  report  setting  forth  fully  the  condition 
of  that  part  of  the  mine  wherein  the  accident 
occurred,  and  the  cause  thereof.  Such  report 
shall  be  filed  by  the  chief  inspector  of  mines  in 
his  office,  and  a  copy  mailed  to  the  general  of- 
fice of  the  owner,  lessee  or  agent  of  such  mine. 
(Sec.  921,  934,  940,  951.) 

Sec.  908.  [Annual  report  of  chief  inspector 
of  mines.]  The  chief  inspector  of  mines  shall 
compile  and  consolidate  the  reports  of  the  dis- 
trict inspectors  of  mines,  and  make  a  report  each 
year  to  the  governor  of  all  his  proceedings,  as 
well  as  those  of  the  district  inspectors  of  mines; 
the  condition  and  operation  of  the  different 
mines  of  the  state;  the  number  of  mines  and 
the  number  of  persons  employed  in  and  about 
them,  and  the  amount  of  coal  mined  in  this 
state.  He  shall  also  include  in  the  report,  such 
facts  relative  to  the  mineral  resources  of  the 
s^ate,  and  the  development  thereof,  as,  in  his 
judgment,  may  be  of  public  interest.  He  shall 
enumerate  all  accidents  in  and  about  mines,  the 
manner  in  which  they  occurred,  give  such  other 
information  as  he  thinks  useful  and  proper,  and 
make  such  suggestions  as  he  deems  important 
relative  to  mines  and  mining,  and  to  any  legis- 


16 


lation  necessary  for  the  better  preservation  of 
the  life  and  health  of  those  engaged  in  such  in- 
dustry. 

Sec.  909.  [Duties  of  district  inspectors  of 
mines.]  Each  district  inspector  of  mines  shall 
examine  each  mine  in  his  district,  in  which  men 
are  employed,  as  often  as  practicable,  and  mines 
employing  more  than  ten  persons,  at  intervals 
not  exceeding  three  months  between  examina- 
tions, noting  particularly  the  condition  of  the 
boilers  and  machinery,  the  location  and  condition 
of  the  buildings,  the  condition  of  the  workings  <>f 
the  mine,  the  condition  of  the  traveling  and 
haulways,  the  circulation  and  condition  of  the 
air  and  the  drainage,  and  shall  see  that  the  pro- 
visions of  this  act  are  complied  with.  Upon  the 
completion  of  the  examination  of  a  mine,  he 
shall  within  a  reasonable  time  thereafter,  report 
in  writing  to  the  chief  inspector  of  mines,  tho 
conditions  of  the  mine,  showing  the  extent  to 
which  the  provisions  of  this  act  are  complied 
with  or  violated.  (Sec.  913.) 

Sec.  910.  [District  inspectors  as  sealers  of 
weights  and  measures.]  The  district  inspectors 
of  mines  are  hereby  vested  with  all  the  powers 
and  authority  of  county  auditors  as  sealers  of 
weights  and  measures  in  the  different  counties 
of  this  state,  but  shall  exercise  such  authority  'n 
connection  with  weights  and  measures  at  mines. 
only.  Each  district  inspector  of  mines  may  upon 
his  regular  examination  of  a  mine,  and  shall,  upon 
the  written  request  of  the  duly  authorized  rep- 
resentatives of  the  miners,  the  owner,  lessee,  or 


17 


agent,  or  the  interested  land  owner,  test  the  ac- 
curacy of  the  scales  at  any  time,  and  post  in  the 
weigh  house  a  •  certificate  provided  by  the  chief 
inspector  of  mines,  certifying  the  condition  of 
the  scales,  provided  that  such  tests  be  made  at 
a  reasonable  time  without  unnecessary  inter- 
ference with  the  use  of  such  scales.  (Sec.  941.) 

[Duty  of  district  inspectors  in  case  of  con- 
troversy.} In  case  of  a  controversy  or  disagree- 
ment between  the  district  inspector  of  mines,  and 
the  owner  lessee  or  agent  of  a  mine,  or  persons 
working  therein,  or  in  case  of  emergency  re- 
quiring counsel,  the  district  inspector  of  mines 
may  call  upon  the  chief  inspector  of  mines  for 
such  assistance  and  counsel  as  is  necessary. 

Sec.  911.  [Inspectors  shall  exercise  dis- 
cretion.] Each  inspector  shall  exercise  discretion 
in  the  enforcement  of  the  provisions  of  this  act. 
If  he  finds  that  any  matter,  thing  or  practice, 
connected  with  any  mine,  and  not  prohibited  by 
law,  is  dangerous  or  defective,  (or  that  from  <\ 
rigid  enforcement  of  any  of  the  express  pro- 
visions of  this  act,  such  matter,  thing  or  practice 
would  become  dangerous  or  defective),  so  as  in 
his  opinion  to  tend  to  the  bodily  injury  of  any 
person,  such  inspector  shall  give  notice  in  writ- 
ing to  the  owner,  lessee,  or  agent  of  the  mine, 
of  the  particulars  in  which  such  mine  or  any 
matter,  thing,  or  practice  connected  therewith  is 
dangerous  or  defective,  and  require  it  to  be 
remedied  by  making  such  changes  as  the  con- 
ditions may  require.  Provided,  however,  that  in 
the  exercise  of  the  foregoing  provisions  relating 


18 


to  the  application  of  electricity  or  electric  wires, 
the  judgment  of  the  chief  inspector  of  mines  and 
the  district  inspector  of  mines,  jointly,  shall  be 
required.  (Sec.  947-948.) 

Sec.  912.  [Inspectors  shall  have  access  to 
mines.}  For  the  purpose  of  making  the  exam- 
inations provided  for.  in  this  act,  the  chief  in- 
spector of  mines,  and  each  district  inspector  of 
mines,  may  -enter  any  mine  at  reasonable  times, 
by  day  or  night,  but  in  such  manner  as  will  not 
unnecessarily  impede  the  working  of  the  mine, 
and  the  owner,  lessee  or  agent  thereof  shall 
furnish  the  means  necessary  for  such  entry  and 
examination. 

[Examination  of  record  of  minors  employed.] 
The  district  inspector  of  mines  shall  examine  the 
record  kept  by  the  mine  foreman,  of  boys  under 
sixteen  years  of  age  employed  in  each  mine,  and 
report  to  the  chief  inspector  of  mines,  the  num- 
ber of  such  persons  employed  in  and  about  each 
mine,  and  enforce  the  provisions  of  this  act 
relative  to  their  employment.  (Sec.  944,  953.) 

Sec.  913.  [Report,  of  district  inspector  to 
chief  inspector.]  On  or  before  each  Monday, 
each  district  inspector  of  mines  shall  mafte  and 
file  in  the  office  of  the  chief  inspector  of  mines, 
a  record  showing  the  number  of  mines  in  the 
district  examined  by  him  during  the  preceding 
week,  the  number  of  persons  employed  in  and 
about  sirch  mines,  the  date  of  each  examination, 
condition  of  each  mine  examined,  Whether  the 
laws  relating  to  mines  and  mining  are  being  ob 


19 


served  or  violated,  and,  if  violated,  the  nature 
and  extent  of  such  violations,  progress  made  in 
safeguarding  the  lives  and  protecting  the  health 
of  the  employes  in  and  about  the  mines,  num- 
ber of  fatal  accidents  in  and  about  the  mines, 
together  with  such  other  facts  of  public  in- 
terest concerning  the  condition  of  mines,  and  the 
development  and  progress  in  mining,  as  he  deems 
proper.  (Sec.  909.) 

Sec.  914.  [Duties  of  chief  inspector  relating 
to  oil  and  gas  wells.]  The  chief  inspector  of 
mines,  upon  receiving  notice  from  a  person,  firm 
or  corporation  of  the  intention  to  drill  an  oil  or 
gas  well  which  will  likely  penetrate  a  workable 
seam  of  coal,  shall  make  a  record  thereof,  and 
if  such  well  is  to  be  drilled  so  as  to  comply 
with  the  provisions  of  this  act  relating  thereto, 
he  shall  give  his  permission  to  the  parties  to 
proceed.  He  shall  keep  on  file  in  his  office  all 
the  papers  and  maps  pertaining  to  oil  and  gas 
wells,  and  see  that  the  provisions  relating  to  the 
drilling,  operating  and  abandonment  of  such  wells 
are  complied  with. 

[Duties  of  district  inspectors  relating  to  oil 
and  gas  wells.]  Each  district  inspector  of  mines 
shall  carry  out  the  instructions  of  the  chief  in- 
spector of  mines  with  reference  to  the  enforce- 
ment of  the  regulations  provided  for  in  this  act 
relating  to  the  drilling,  operating  and  abandon- 
ment of  oil  and  gas  wells,  and  shall  see  that  the 
regulations  relating  thereto  are  complied  with  in 
his  respective  district.  (Sec.  973.) 


Sec.  915.  [Chief  inspector  of  mines  shall 
provide  and  maintain  rescue  apparatus.]  The 
chief  inspector  of  mines  shall  provide  and  main- 
tain, at  the  expense  of  the  state,  such  safety  ap- 
pliances, instruments  and  chemical  tests,  as  in 
his  judgment  may  be  required  to  facilitate  the 
efficient  inspection  of  mines  and  safely  conduct 
rescue  work  in  emergencies,  but  not  less  than  six 
approved  oxygen  helmets  complete,  one  recharg- 
ing equipment  for  recharging  oxygen  tanks,  two 
extra  oxygen  tanks,  one  resuscitation  outfit  com- 
plete, twenty  approved  safety  lamps,  one  naphtha 
tank,  twenty  portable  electric  lamps  complete 
with  storage  batteries,  and  all  necessary  instru- 
ments and  chemical  tests,  together  with  all  neces- 
sary repairs  and  supplies,  therefor. 

Sec.  916.  [Action  for  non-compliance  witn 
provisions  of  this  act.]  If  the  appliances  of  a 
mine  for  the  safety  of  the  persons  working 
therein  do  not  conform  to  the  provisions  of  this 
act,  or  if  the  owner,  lessee  or  agent  disregards 
the  requirements  thereof,  on  application  by  the 
chief  inspector  of  mines  in  the  name  of  the  state, 
any  court  of  competent  jurisdiction  may  enjoin 
or  restrain  the  owner,  lessee  or  agent  from 
operating  such  mine,  until  it  is  made  to  conform 
to  the  provisions  of  this  act.  Such  remedy  shall 
be  cumulative,  and  shall  not  affect  any  other 
proceedings  authorized  by  law  against  such 
owner,  lessee  or  agent  for  the  matter  complained 
of  in  the  action.  (Sec.  927-928.) 

Sec.  917.  [Failure  to  make  map  and  for- 
feiture.] Upon  the  refusal  or  neglect  of  the 


21 


owner,  lessee  or  agent  of  a  mine  to  make  and  . 
file  a  map,  or  any  addition  thereto,  within  sixty 
days  after  being  directed  to  do  so  by  the  chief 
inspector  of  mines,  as  provided  for  in  this  act, 
the  chief  inspector  of  mines  may  cause  such  map 
or  addition  thereto  to  be  made  in  duplicate  at 
the  expense  of  such  owner,  lessee  or  agent,  the 
cost  of  which  shall  be  recoverable  against  such 
owner,  lessee  or  agent,  in  the  name  of  the  chief 
inspector  of  mines  in  any  court  of  competent 
jurisdiction  in  the  county  in  which  such  mine  is 
located,  or  in  Franklin  county.  (Sec.  904,  935, 
936,  937.) 

Sec.  918.  [Complaint  against  district  inspec- 
tor; how  made.]  When  written  charges  of  neg- 
lect of  duty,  incompetency,  or  malfeasance  in 
office  against  any  district  inspector  of  mines,  are 
made  and  filed  with  the  chief  inspector  of  mines, 
signed  by  not  less  than  fifteen  employes,  or  an 
owner,  lessee  or  agent  of  a  mine,  the  chief  in- 
spector of  mines  shall  promptly  investigate  such 
charges,  and  advise  in  writing,  addressed  to  the 
complainant  whose  name  appears  first  in  the 
charges,  the  result  of  such  investigation. 

[Complaint  against  chief  inspector,  how 
made;  appeal.]  When  written  charges  of  neg- 
lect of  duty,  incompetency  or  malfeasance  in  of- 
fice against  the  chief  inspector  of  mines,  are 
made  and  filed  with  the  governor,  signed  by  not 
less  than  fifteen  employes,  or  the  owner,  lessee 
or  agent  of  a  mine,  or  if  not  less  than  fifteen 
employes,  or  the  owner,  lessee  or  agent  of  a 


22 


mine,  having  filed  charges  against  a  district  in- 
spector of  mines  with  the  chief  inspector  of 
mines,  are  dissatisfied  with  the  result  of  the 
investigation  made  by  him,  and  appeal  to  the 
governor  by  filing  the  same  charges  against  such 
district  inspector  of  mines  with  the  governor,  he 
shall  make,  or  cause  to  be  made,  an  investiga- 
tion of  such  charges,  and  advise  in  writing,  ad- 
dressed to  the  complainant  whose  name  appears 
first  in  the  charges,  the  result  of  such  investi- 
gation. 

Sec.  919.  [Appeal  and  board  of  examiners.] 
After  such  appeal  from  the  decision  of  the  chief 
inspector  of  mines,  or  after  charges  have  been 
filed  against  the  chief  inspector  of  mines  with 
the  governor,  and  the  result  of  the  investigation 
made  by  him,  or  at  his  instance,  is  unsatisfac- 
tory to  the  complainant,  and  notice  thereof  is 
given  to  the  governor  in  writing  by  said  com- 
plainant, accompanied  with  a  bond  in  the  sum 
of  five  hundred  dollars,  payable  to  the  state, 
conditioned  for  the  payment  of  all  costs  and 
expenses  of  the  investigation  of  such  charges, 
in  the  event  such  charges  are  not  sustained,  and 
signed  by  two  or  more  responsible  freeholders, 
the  governor- shall  convene  a  board  of  examiners, 
consisting  of  two  practical  miners,  one  chemist, 
one  mining  engineer,  and  one  mine  operator,  at 
such  time  and  place  as  he  directs,  giving  ten 
days'  notice  thereof  to  the  inspector  against 
whom  the  charges  are  made,  and  als"o  to  the 
person  whose  name  appears  first  in  the  charge^. 


23 


[Duties  of  board.]  When  so  convened,  and 
being  duly  sworn  truly  to  try  •  and  decide  the 
charges  made,  the  board  of  examiners  shall  sum- 
mon any  witnesses  desired  by  either  party,  and 
examine  them,  on  oath,  administered  by  a  mem- 
ber of  the  board.  Depositions  may  be  read  on 
such  examination  as  in  other  cases.  The  board 
shall  examine  fully  into  the  truth  of  such  charges 
and  report  the  result  of  its  investigation  to  the 
governor;  and,  according  to  its  finding,  award 
the  costs  and  expenses  of  such  investigation 
against  the  inspector  or  the  persons  signing  the 
bond.  The  costs  and  expenses  of  such  investi- 
gation shall  include  a  compensation  of  five  dol- 
lars per  day  for  each  member  of  the  board,  for 
the  time  occupied  in  the  trial,  and  in  traveling  to 
and  from  his  home,  together  with  all  legitimate 
expenses  which  shall  be  paid  from  the  state 
treasury  on  the  certificate  of  the  president  of 
such  board.  The  attorney  general  shall  proceed 
to  collect  such  costs  and  expenses,  and  pay  them 
into  the  state  treasury. 

Sec.  920.  [This  act  shall  not  create  new 
office  or  displace  any  officer.]  No  change  herein 
made  in  the  name  of  an  office  existing  when 
this  act  takes  effect  shall  create  a  new  office. 
The  incumbents  of  offices  when  this  act  takes 
effect,  the  duties  of  which  are  herein  defined,  or 
the  filling  of  which  is  herein  provided  for,  shall 
hold  their  respective  offices  for  the  full  term 
for  which  they  were  severally  elected  or  ap- 
pointed, the  same  as  if  this  act  had  not  been 


Relating  to  County  Recorder  and 

County   Coroner 

25 


RELATING  TO  COUNTY  RECORDER  AND 
COUNTY  CORONER. 

Sec.  921.  [Duty  of  Recorder.]  The  recorder 
of  the  county,  when  presented  with  a  map  of 
an  abandoned  mine,  by  the  owner,  lessee  or 
agent  thereof,  as  provided  for  in  this  act,  shall 
properly  label,  file  and  preserve  the  same  as  a 
part  of  the  records  of  the  land  upon  which  said 
mine  is  located.  (Sec.  937.) 

[Duty  of  coroner.]  Upon  receiving  notice  of 
a  death  occurring  at  a  mine,  as  provided  for  in 
this  act,  the  coroner  shall  hold  an  inquest  forth- 
with upon  the  body  of  such  person,  inquire  care- 
fully into  the  cause  of  his  death,  and  within  ten 
days  after  such  inquest,  return  a  copy  of  his 
findings,  with  a  description  of  the  body,  and  all 
the  testimony  before  him,  to  the  chief  inspector 
of  mines.  Upon  request  of  the  owner,  lessee  or 
agent  of  the  mine  where  such  person  was  em- 
ployed, shall  furnish  a  copy  thereof  to  such 
owner,  lessee  or  agent,  for  which  such  coroner 
shall  be  entitled  to  a  fee  of  ten  cents  per  legal 
cap  page,  but  in  no  case  more  than  ftve  dollars 
for  any  one  inquest,  for  copy  furnished  owner 
or  lessee.  (Sec.  940;  Penalty,  Sec.  976.) 


27 


Relating  to  Owner,   Lessee  or  Agent. 

29 


RELATING   TO   OWNER,    LESSEE    OR   AGENT. 

Sec.  922.  [Ventilation  of  mines.]  The  owner, 
lessee  or  agent  of  a  mine,  shall  provide  and  main- 
tain the  necessary  artificial  means  of  capacity 
and  power  capable  of  supplying  the  required 
ventilation,  and  shall  maintain  a  sufficient  volume 
of  air,  not  less  per  minute  than  one  hundred  and 
fifty  cubic  feet  for  each  person,  and  five  hundred 
cubic  feet  for  each  animal  working  therein, 
measured  at  the  intake,  and  distributed  so  as  to 
expel  or  dilute  and  render  harmless,  explosive, 
poisonous  and  noxious  gases. 

[Additional  requirements  where  fire-damp  is 
present.]  The  owner,  lessee  or  agent  of  a  mine 
generating  fire-damp,  so  as  to  be  detected  by  a 
safety  lamp,  shall,  in  addition  to  the  foregoing, 
provide  and  maintain  not  less  than  fifty  cubic 
feet  of  air  per  minute  for  each  person  working 
therein.  (Sec.  923,  924,  952;  Penalty,  Sec.  976.) 

Sec.  923.  [Ventilating  appliances.]  In  each 
mine,  the  doors  used  in  assisting  or  directing 
the  ventilation  thereof,  shall  be  hung  so  that 
they  will  close  themselves,  and  shall  be  kept 
closed  except  while  persons  or  cars  are  passing 
through  same.  Each  door,  not  operated  auto- 
matically, through  which  cars  are  required  io 
pass,  shall  have  an  attendant,  whose  first  duty 
shall  be  to  open  it  for  transportation,  and  prevent 
it  from  standing  open  longer  than  necessary  for 

31 


cars  to  pass  through,  and,  persons  in  charge  of 
cars  passing  through  automatic  doors  shall  be 
required  to  keep  a  close  watch  over  such  doors. 
and  if  any  such  door  fails  to  close,  they  shall 
promptly  close  same  and  report  such  fact  to  the 
mine  foreman.  This  shall  not  prevent  the  at- 
tendant from  performing  other  duties,  provided 
the  door  is  not  kept  open  longer  than  is  necessary 
for  cars  to  pass  through.  Where  necessary,  a 
refuge  place  shall  be  provided  at  each  door  for 
the  safety  of  the  attendant.  (Sec.  943,  958;  Pen- 
alty, Sec.  97G.) 

Sec.  924.  [Ventilation  of  mines  while  per- 
sons working  therein.]  At  each  mine  where  the 
ventilation  is  not  continuous,  it  shall  be  started 
a  sufficient  length  of  time  prior  to  the  appointed 
time  for  any  person,  or  persons,  working  therein 
to  enter,  to  clear  the  mine  of  explosive,  poisonous 
and  noxious  gases,  and  shall  be  kept  in  operation 
a  sufficient  length  of  time  after  the  appointed 
time  for  such  employes  to  leave  their  working 
places,  for  all  persons  to  be  out  of  the  mine. 
(Sec.  922,  923,  952;  Penalty,  Sec.  976.) 

[Pressure  gauges.]  At  each  mine  generating 
fire-damp  so  as  to  be  detected  by  a  safety  lamp, 
and  wherein  twenty  or  more  persons  are  em- 
ployed, a  .recording  pressure  gauge  for  the  pur- 
pose of  recording  the  pressure  or  vacuum  of  the 
main  air  current,  shall  be  provided  and  main- 
tained, which  shall  be  kept  in  constant  use,  and 
records  preserved  for  ninety  days,  subject  to  the 


33 


inspection  of  the  chief  inspector  of  mines  and 
the  district  inspector  of  mines.  (Penalty,  Sec. 
976.) 

'  '     T 

Sec.  925.  [Competent  person  or  persons  shall 
be  designated  as  fire-boss.]  The  owner,  lessee  or 
agent  of  a  mine  generating  fire-damp  so  as  to  be 
detected  by  a  safety  lamp,  shall  designate  a 
competent  person  or  persons  as  fire  boss  or  fire 
bosses,  who  shall  make  a  thorough  examination 
of  each  working  place  in  the  mine  every  morn- 
ing with  a  standard  safety  lamp,  not  more  than 
three  hours  prior  to  the  appointed  time  for  the 
employes  to  enter  the  mine.  As  evidence  of  such 
examination,  the  fire  boss  shall  mark  with  chalk 
upon  the  face  of  the  coal,  or  in  some  other  con- 
spicuous place,  his  initials  and  date  of  the  month 
upon  which  the  examination  is  made.  If  there 
is  any  standing  gas  discovered,  he  must  leave  a 
danger  signal  across  every  entrance  to  such 
place. 

[Examination  of  other  than  working  places.] 
Each  mine  generating  fire-damp  so  as  to  be 
detected  by  a  safety  lamp,  shall  be  kept  free 
from  standing  gas.  All  traveling  ways,  entrances 
to  old  workings,  and  places  not  in  the  actual 
course  of  working,  shall  be  carefully  examined 
with  a  safety  lamp  by  the  fire  boss  not  more 
than  three  hours  before  the  appointed  time  for 
persons  employed  therein  to  enter.  Parts  of  the 
mine  not  in  the  actual  course  of  working  and 
available,  shall  be  examined  not  less  than  once 


34 


each  three  days,  and  shall  be  so  fenced  as 
to  prevent  persons  from  inadvertently  entering 
therein.  (Sec.  955,  959;  Penalty,  Sec.  976.) 

Sec.  926.  [Breakthroughs  and  brattices.] 
From  a  point  where  the  seam  is  reached  in  the 
opening  of  a  mine,  to  a  point  not  exceeding  a 
distance  of  four  hundred  feet  therefrom,  break- 
throughs shall  be  made  between  main  entries, 
where  there  are  no  rooms  worked,  not  more 
than  one  hundred  feet  apart,  provided  such  en- 
tries are  not  advanced  beyonrl  the  point  where 
the  breakthrough  will  be  made  until  the  break- 
through is  complete.  Breakthroughs  between  en- 
tries, except  as  hereinbefore  provided,  shall  be 
made  not  exceeding  sixty  feet  apart.  Where 
there  is  a  solid  block  on  one  side  of  a  room, 
breakthroughs  shall  be  made  between  such  room 
and  the  adjacent  room  not  to  exceed  sixty  feet 
apart;  where  there  is  a  breast  or  group  of 
rooms,  a  breakthrough  shall  be  made  on  one  side 
or  the  other  of  each  room,  except  the  room  ad- 
joining said  block,  not  to  exceed  forty  feet  from 
the  outside  corner  of  the  breakthrough  to  the 
nearest  corner  of  the  entrance  to  the  room,  and 
on  the  opposite  side  of  the  same  room  a  break- 
through shall  be  made,  not  to  exceed  eighty  feet 
from  the  outside  corner  of  the  breakthrough  to 
the  nearest  corner  of  the  entrance  to  the  room, 
and  thereafter  breakthroughs  shall  be  made  not 
to  exceed  eighty  feet  apart  on  each  side  of  the 
room.  No  working  place,  except  those  provided 
for  within  a  distance  of  four  hundred  feet  of 
the  principal  openings  of  a  mine,  shall  be  driven 


35 


more  than  eighty  feet  in  advance  of  a  break- 
through or  air-way.  The  required  air  current 
shall  be  conducted  to  the  breakthrough  nearest 
the  face  of  such  entry  or  room.  All  break- 
throughs between  entries,  and  when  necessary 
between  rooms,  except  the  one  nearest  the  work- 
ing face,  shall  be  closed  and  made  air-tight  by 
brattice,  trap  doors  or  other  means,  so  that  the 
current  of  air  in  circulation  may  sweep  to  the 
interior  of  the  mine.  Brattices  between  per- 
manent inlet  and  outlet  air-ways  shall  be  con- 
strivcted  in  a  substantial  manner  of  brick,  ma- 
sonry, concrete,  or  non-perishable  material.  In 
mines  generating  fire-damp,  so  as  to  be  detected 
by  a  safety  lamp,  the  air  current  shall  be  con- 
ducted by  brattice,  or  other  means,  near  enough 
to  the  working  face  to  expel  the  fire-damp,  and 
prevent  an  accumulation  of  the  same.  (Penalty, 
Sec.  976.) 

Sec.  927.  [Safe  appliances  for  hoisting  per- 
sons.] The  owner,  lessee  or  agent  of  a  mine 
shall  provide  and  maintain  safe  appliances,  ap- 
proved by  the  district  inspector  of  mines,  for 
the  ingress  and  egress  of  persons  in  each  shaft, 
designated  by  such  owner,  lessee  or  agent  as  a 
means  of  ingress  and  egress  for  persons  em- 
ployed therein.  When  there  is  but  one  shaft 
available  for  ingress  and  egress  from  any  un- 
avoidable cause,  the  appliances  therein  shall  be 
kept  available  to  persons  therein  employed '  at 
all  times.  When  such  appliances  in  any  shaft 
are  rendered  unavailable  from  any  cause,  the 
same  shall  be  restored  without  delay. 


36 


[Emergency  appliances.]  When  the  only 
means  of  egress  is  by  vertical  shaft,  in  which 
cages  or  elevators  are  used  as  a  means  of  hoist- 
ing persons  therein  employed,  and  the  power  for 
operating  same  is  derived  from  but  one  source, 
the  owner,  lessee  or  agent  shall  provide  and 
keep  on  hand  for  use  in  the  event  of  an  accident 
to  the  hoisting  apparatus  or  the  power  by  which 
same  is  operated,  a  suitable  windlass,  capable  of 
hoisting  the  persons  from  the  mine. 

[Competent  engineers.]  The  owner,  lessee 
or  agent  of  a  mine  worked  by  a  shaft  or  slope. 
shall  put  in  charge  of  an  engine  used  for  lower- 
ing into  or  hoisting  out  of  such  mine  persons  em- 
ployed therein,  only  experienced,  competent  and 
sober  engineers.  (Sec.  916.  928;  Penalty.  Sec. 
976.) 

Sec.  928.  [Metal  speaking  tube  and  safety 
appliances.]  The  owner,  lessee  or  agent  of  a 
mine  operated  by  shaft,  shall  provide  and  main- 
tain a  metal  tube  suitable  for  conversation  be- 
tween persons,  connecting  the  engine  room  with 
the  top  and  bottom  of  such  shaft:  an  approved 
safety  catch,  a  sufficient  cover,  and  rings  or  other 
adequate  hand-holds  for  ten  persons,  on  all  cages 
used  for  lowering  and  hoisting  persons:  Such 
cages  to  be  protected  on  each  side  by  a  boiler 
plate  not  less  than  one-fourth  inch  in  thickness. 
and  not  less  than  three  feet  high,  and  shall  pro- 
vide an  approved  safety  gate  at  the  top  of  each 
shaft,  an  adequate  brake  to  control  the  drum 
used  for  lowering  or  hoisting  persons  in  shafts 


'or  slopes,  and  an  indicator  on  all  machines  used 
for  such  purpose,  to  show  the  location  of  cages 
in  shaft  or  slope.  No  cage  having  an  unstable  or 
self-dumping  platform  shall  be  used  for  the  car- 
riage of  persons  unless  such  platform  is  se- 
curely locked.  (Sec.  916,  927;  Penalty,  Sec.  976.) 

Sec.  929.  [Lowering  and  hoisting  of  per- 
sons.] The  owner,  lessee  or  agent  of  a  mine,  at 
which  the  only  means  of  ingress  and  egress  for 
the  persons  employed  therein  is  by  a  vertical 
shaft,  or  shafts,  of  one  hundred  feet  or  more  in 
depth,  shall  designate  one  or  more  persons  whose 
duty,  shall  be  to  attend  to  the  lowering  and  hoist- 
ing of  persons  into  and  out  of  such  mine,  and 
give  and  receive  the  proper  signals,  governing 
the  movement  of  the  cage  while  engaged  in 
handling  men.  Not  more  than  ten  persons  shall 
be  lowered  or  hoisted  at  any  one  time.  The 
lowering  of  persons  shall  begin  in  time  for  per- 
sons to  reach  their  working  places  by  hour  ap- 
pointed for  mine  to  commence  work  and  con- 
tinue until  starting  time.  Hoisting  of  persons 
shall  commence  at  time  for  mine  to  ceaste  work, 
and  continue  until  all  have  had  time  to  be 
hoisted.  Persons  may  be  hoisted  at  such  other 
times  as  will  not  interfere  with  the  hoisting 
of  coal,  or  other  products.  No  person  shall  be 
lowered  into  or  hoisted  out  of  a  mine,  with 
powder,  explosives,  tools  or  material  on  any 
cage,  in  the  same  shaft,  and  no  person  shall  be 
lowered  or  hoisted  in  a  vertical  shaft  in  a  mine 
.  car.  When  the  vertical  shaft  is  less  than  one 
hundred  feet  in  depth,  and  a  stairway  approved 


by  the  district  inspector  of  mines  is  not  pro- 
vided, the  owner,  lessee  or  agent  shall  be  re- 
quired to  lower  or  hoist  persons,  as  above  pre- 
scribed, but  when  such  stairway  is  provided, 
the  hoisting  of  persons  shall  not  be  required. 
(Sec.  929,  942,  959;  Penalty,  Sec.  976.) 

Sec.  930.  [Owner,  lessee  or  agent  shall  pro- 
vide second  opening.]  The  owner,  lessee  or 
agent  of  a  mine  shall  not  employ  or  permit  any 
person  to  work  therein  except  as  hereinafter  pro- 
vided, unless  to  every  seam  worked  in  such  mine 
there  are  at  least  two  openings,  separated  by 
natural  strata  of  not  less  than  one  hundred  feet 
in  breadth  at  any  point,  by  which  distinct  means 
of  ingress  and  egress  are  always  available  to  the 
persons  therein  employed.  Such  openings  need 
not  belong  to  the  same  mine  so  long  as  the 
persons  employed  therein  have  safe,  ready  and 
available  means  of  ingress  and  egress,  by  not 
less  than  two  openings,  provided,  however,  that 
no  air  shaft  with  a  ventilating  furnace  at  the 
bottom  be  designated  or  used  as  a  means  of 
ingress  or  egress.  The  provisions  of  this  sec- 
tion shall  not  apply  to  opening  a  new  mine  while 
being  worked  for  the  purpose  of  making  the  sec 
ond  opening  and  the  communication  therewith. 
and  the  making  of  the  landing  or  bottom  and  ex- 
tending of  the  main  entries  one  hundred  feet 
while  such  communication  is  being  made;  to  a 
mine  in  which  the  second  opening  has  become 
unavailable  from  any  cause  while  said  second 
opening  is  being  restored  or  another  is  being 
made;  nor  to  a  mine  in  which  the  second  open- 


39 


ing  has  become  unavailable  by  reason  of  the  final 
robbing  of  the  pillars  previous  to  abandonment, 
so  long  as  not  more  than  twenty  persons  in 
either  case  are  employed  therein  at  one  time. 

[Fire  protection  to  shafts.]  At  each  mine  at 
which  the  only  means  of  egress  is  by  vertical 
shaft,  the  owner,  lessee  or  agent  shall  provide 
adequate  fire  protection  to  secure  the  safety  of 
such  shaft,  or  shafts, .  and,  when  but  one  shaft 
is  the  only  available  means  of  egress,  shall  keep 
in  attendance  a  competent  person  at  all  times 
while  persons  are  inside  of  such  mine.  (Penalty, 
Sec.  976.) 

Sec.  931.  [Separate  traveling  ways.]  The 
owner,  lessee  or  agent  of  a  mine  shall  provide 
and  maintain,  in  safe  condition  for  the  purpose 
provided,  two  separate  and  distinct  traveling 
ways  from  the  interior  workings  of  the  mine,  each 
of  which  shall  be  available  to  not  less  than  one 
opening  to  the  surface.  One  of  such  traveling 
ways  may  be  designated  by  such  owner,  lessee 
or  agent  as  the  principal  traveling  way.  One  of 
such  traveling  ways  may  be  designated  as  the 
escapement  way.  The  provisions  of  this  section 
shall  not  prohibit  such  owner,  lessee  or  agent 
from  designating  more  than  one  principal  travel- 
ing way,  or  more  than  one  escapement  way,  so 
long  as  the  provisions  hereof  are  complied  with. 

[Traveling  ways  and  refuge  holes.]  The 
owner,  lessee  or  agent  of  a  mine  worked  by  shaft, 
shall  provide  and  keep  free  from  obstruction,  a 


40 


traveling  or  passage  way  from  one  side  of  the 
shaft  bottom  to  the  other.  Slopes  and  mechanical 
haulage  ways  used  as  traveling  ways  by  persons 
employed  in  a  mine  shall  be  made  of  a  sufficient 
width  to  give  not  less  than  three  feet  of  space 
between  the  rib  and  adjacent  rail  of  track  to 
permit  persons  to  pass  moving  cars  with  safety. 
If  found  impracticable  to  make  such  slopes  or 
mechanical  haulage  ways  of  sufficient  width  as 
provided,  refuge  holes  not  less  than  six  feet  in 
width  and  clearing  the  adjacent  rail  of  the  track 
not  less  than  four  feet,  and  not  more  than  sixty 
feet  part,  shall  be  made  on  one  side  of  the  slope 
or  mechanical  haulage  way  and  whitewashed. 
The  refuge  holes  shall  be  kept  free  from  obstruc- 
tion, and  the  roof  and  sides  made  secure.  (Sec. 
932,  959;  Penalty,  Sec.  976.) 

Sec.  932.  [Detaching  locomotive  from  mov- 
ing train.  Traveling  way  where  locomotive  is  de- 
tached.] At  a  mine,  or  in  any  part  thereof,  where 
a  locomotive  is  detached  from  a  moving  train  of 
cars  for  the  purpose  of  dropping  such  cars  past 
the  locomotive,  and  the  haulage  way  at  such 
point  is  designated  as  the  principal  traveling 
way,  a  traveling  way,  not  less  than  three  feet 
wide  and  separated  from  the  track  by  a  pillar  of 
coal  or  substantial  fence,  shall  be  provided  at 
one  side  of  that  portion  of  the  track  from  where 
the  locomotive  will  be  detached  to  the  switch  of 
the  siding.  Such  traveling  way  shall  be  jnade 
on  the  same  side  of  the  track  as  the  refuge  holes. 
In  no  case  shall  a  locomotive  be  detached  from 
a  train  of  moving  cars,  for  the  purpose  of  mak- 


41 


ing  a  drop  thereof,  more  than  one  hundred  feet 
from  the  switch  of  the  siding.  (Sec.  931,  959; 
Penalty,  Sec.  976.) 

[Additional  jneans  of  egress  when  inundation 
is  probable.]  At  any  mine  where  there  is  a 
stream  or  body  of  water  on  the  surface,  or  in 
the  workings  of  a  mine,  at  a  higher  level,  which 
is  likely  to  break  through  into  such  mine  and 
inundate  either  the  traveling  or  escapement  way 
of  such  mine,  so  as  to  prevent  the  egress  of 
persons  employed  therein,  the  owner,  lessee  or 
agent,  shall,  upon  the  written  order  of  the  chief 
inspector  of  mines,  provide  and  maintain  an  ad- 
ditional opening  by  means  of  which  such  persons 
may  escape  without  using  the  traveling  or  es- 
capement way  likely  to  be  inundated.  (Sec.  950; 
Penalty,  Sec.  976.) 

Sec.  933.  [Duties  of  owner,  lessee  or  agent 
relating  to  supplying  timber.]  The  owner,  lessee 
or  agent  of  a  mine  shall  keep  an  adequate  sup- 
ply of  suitable  timber  constantly  on  hand,  and 
deliver  to  the  working  place  of  each  miner,  the 
props  of  approximate  length,  caps  and  other 
timbers  necessary  to  securely  prop  the  roof 
thereof:  Such  props,  caps,  and  other  timbers, 
shall  be  delivered  in  mine  cars  at  point  where 
the  miner  receives  his  empty  cars,  or  unloaded 
at  the  entrance  to  the  room.  (Sec.  953,  956;  Pen- 
alty, Sec.  976.) 

Sec.  934.  [Provisions  for  persons  injured  at 
mines.]  The  owner,  lessee  or  agent  of  a  mine, 
at,  in,  or  around  which  more  than  ten  persons  are 


42 


employed,  shall  keep  at  the  mine  in  a  convenient 
place,  a  stretcher,  properly  constructed,  a  woolen 
blanket,  and  a  waterproof  blanket,  in  good  con- 
dition for  use  in  carrying  an  injured  person: 
When  more  than  two  hundred  persons  are  em- 
ployed, two  stretchers,  two  woolen  blankets,  and 
two  waterproof  blankets  shall  be  kept.  A  suf- 
ficient quantity  of  bandages  and  linen  shall  be 
kept  on  hand  at  all  mines. 

At  mines  generating  fire-damp  so  as  to  be 
detected  by  a  safety  lamp,  a  sufficient  quantity  of 
olive  or  linseed  oil  shall  be  kept  stored,  at  the 
mine,  for  use  in  an  emergency.  (Sec.  907,  921. 
940,  951;  Penalty,  Sec.  976.) 

Sec.  935.  [Owner  or  lessee  shall  make  map 
of  mine.]  The  owner,  lessee  or  agent  of  a  mine 
having  an  excavation  of  fifteen  thousand  cubic 
yards,  or  more,  shall  cause  to  be  made,  on  a 
scale  of  not  less  than  two  hundred  feet  per  inch, 
an  accurate  map  thereof,  which  shall  show  the 
following:  The  boundary  lines  and  names  of  the 
owners  of  the  surface  of  each  tract  under  which 
excavation  is  made,  and  for  not  less  than  five 
hundred  feet  contiguous  thereto,  and  under  which 
excavations  are  likely  to  be  made  during  the  en- 
suing year,  together  with  all  streams  and  bodies 
of  standing  water;  the  township  and  county  lines 
coming  within  the  limits  of  such  map.  with  the 
name  of  each  plainly  marked  close  to  and  parallel 
with  such  lines;  the  title,  the  name  or  number 
of  the  mine,  or  both,  the  township  and  county  in 
which  located;  the  section  lines,  with  the  num- 


her  of  each,  marked  plainly  within  the  sections; 
the  location  of  the  mine  openings,  railroad  tracks, 
public  highways,  oil  and  gas  wells,  magazines 
and  buildings,  and  plainly  marked  with  name  of 
each;  the  location  and  extent  of  the  excavations 
and  connection  with  the  surface  survey;  the  di- 
rection of  the  air  current,  or  air  currents  by 
arrows;  the  location  and  extent,  so  far  as  known 
or  obtainable,  of  the  excavation  of  any  other 
mine  or  mines  within  the  limits  of  the  map; 
the  boundary  lines  of  the  tracts  ot  coal  owned 
or  leased  within  the  limits  of  the  map;  the 
elevation  of  the  floor  of  the  excavation,  above 
mean  tide  at  Sandy  Hook,  at  or  near  the  boundary 
line  or  lines  of  the  coal  owned  or  leased  where 
the  coal  is  adjacent  to  coal  owned  by  a  person, 
firm  or  corporation,  other  than  the  owner  or 
lessee  of  such  mine,  and  where  the  excavations 
of  such  mine  cease  or  may  be  approached  by 
another  mine,  at  points  not  exceeding  three  hun- 
dred feet  apart,  and  referenced  to  some  per- 
manent monument  near  the  main  opening  of  such 
mine,  and  shown  on  the  map  and  plainly  marked 
l.c"ch  mark,  with  the  elevation  of  same.  (Sec. 
904,  917,  936,  937;  Penalty,  Sec.  976.) 

Sec.  936.  [Addition  to  map,  and  certificate 
of  engineer  and  mine-foreman.]  The  owner,lessee 
or  agent  of  a  mine  shall  cause  to  be  made,  a  map 
or  an  addition  to  the  next  previous  map  thereof, 
annually,  and  semi-annually  if  so  directed  in 
writing  by  the  chief  inspector  of  mines,  showing 
the  excavations  and  the  information  required  by 
the  preceding  section,  to  date  of  survey.  The 


44 


map,  or  maps,  required  by  this  and  the  preced- 
ing section,  and  any  addition  thereto,  shall  have 
the  certificate  of  the  engineer  making  same,  and 
of  the  mine-foreman  in  charge  of  the  mine  at 
the  time  of  the  survey,  acknowledged  before  a 
notary  public  or  justice  of  the  peace,  thereon  in 
the  following  form: 

I,  the  undersigned,  hereby  certify  that  this 
map  is  correct,  and  shows  all  the  information 
required  by  section  nine  hundred  and  thirty-five 
of  the  General  Code,  and  covers  the  period  end- 
ing   t ,  


Engineer. 

Acknowledged    before    me    a    . . .  - 

this   day  of  ,   


I,  the  undersigned,  hereby  certify  that  I  am 
a  mine-foreman  at  the  mine  represented  by  this 
map,  and  to  the  best  of  my  knowledge  and  belief 
the  same  correctly  represents  the  excavations  of 
the  mine  for  the  period  ending  , 


Mine-Foreman. 

Acknowledged   before   me   a 

this   day  of . ,   


(Sec.  904,  917,  935,  937;  Penalty,  Sec.  976.) 

Sec.  937.  [Owner,  lessee  or  agent  shall  file 
map  of  abandoned  mine  with  county  recorder  and 
chief  inspector  of  mines.]  The  owner,  lessee  or 


45 


agent  of  a  mine,  before  the  pillars  are  drawn 
previous  to  the  abandonment  of  a  mine,  or  any 
part  thereof,  shall  cause  to  be  made  a  correct 
map  of  such  mine,  or  part  thereof,  showing  its 
area  and  workings  to  the  day  of  the  abandon- 
ment; the  pillars  drawn  previous  to  abandon- 
ment; and  file  such  map  within  ninety  days  after 
the  abandonment  of  such  mine,  in  the  office  of 
the  Recorder  of  the  county  where  such  mine  is 
located,  and  with  the  chief  inspector  of  mines  at 
his  office.  Such  map  shall  have  attached  thereto 
the  usual  certificate  of  the  mining  engineer  mak- 
ing it,  and  the  mine-foreman  in  charge  of  the 
underground  workings  of  the  mine,  and  such 
owner,  lessee  or  agent  shall  pay  to  the  Recorder 
for  filing  such  map,  a  fee  of  fifty  cents.  (Sec. 
921.) 

[Copy  of  map  to  be  filed  with  chief  inspector.] 
The  owner,  lessee  or  agent  of  a  mine  shall  keep 
at  the  office  thereof,  open  to  the  inspection  of 
the  chief  inspector  of  mines,  and  the  district  in- 
spector of  mines,  a  copy  of  the  latest  map  of 
such  mine,  with  any  addition  thereto,  and  shall 
furnish  a  copy  thereof  to  the  chief  inspector  of 
mines  at  his  office.  (Sec.  904,  917,  935,  936;  Pen- 
alty, Sec.  976.) 

Sec.  938.  [Precautions  when  approaching 
abandoned  mine.]  Whenever  any  working  place 
of  a  mine  approaches  within  one  hundred  feet 
of  the  abandoned  workings  of  another  mine,  as 
indicated  by  an  accurate  survey,  or  while  driv- 
ing any  working  place  parallel  with  the  working? 


46 


of  such  abandoned  mine  within  a  distance  of  one 
hundred  feet  thereof,  and  such  abandoned  mine 
cannot  be  explored,  or  when  same  contains  fire- 
damp, or  water  which  may  inundate  such  work- 
ing place,  the  mine-foreman  shall  not  permit  such 
working  place  to  be  advanced  until  a  drill  hole 
has  been  extended  not  less  than  twelve  feet  in 
the  center  of  sivch  working  place,  and  a  flank 
hole  not  less  than  twelve  feet  extended  on  each 
rib,  starting  at  the  working  face  after  taking 
out  each  cut  or  crossing.  Whenever  the  limits 
of  the  workings  of  an  abandoned  mine  are  not 
known  by  actual  survey,  the  above  rule  shall 
apply  whenever  any  working  place  approaches 
within  one  hundred  and  fifty  feet  of  the  supposed 
limits  of  such  abandoned  mine.  (Penalty,  Sec. 
976.) 

Sec.  939.  [Notice  must  be  sent  to  chief  in- 
spector in  certain  cases.]  The  owner,  lessee  or 
agent  of  a  mine  shall  give  notice  to  the  chief  in- 
spector of  mines  in  the  following  cases:  When 
a  change  occurs  in  the  name  of  the  mine,  in 
the  name  of  the  owner,  lessee  or  agent  thereof, 
or  in  the  officers  of  an  incorporated  company 
owning  or  operating  such  mine;  when  a  working 
is  commenced  for  the  opening  of  a  new  shaft, 
slope  or  mine;  when  a  mine  is  abandoned,  or 
the  working  thereof  discontinued ;  when  the  work- 
ing of  a  mine  is  commenced,  after  an  abandon- 
ment or  discontinuance  thereof  for  a  period  of 
more  than  three  months:  when  the  pillars  of  a 
mine  are  about  to  be  removed  or  robbed:  when 
a  squeeze,  crush,  or  fire  occurs,  or  a  dangerous 


47 


body  of  gas  is  found,  or  any  cause  or  change 
that  may  seem  to  affect  the  safety  of  persons 
employed  therein.  (Sec.  940;  Penalty,  Sec.  976.) 

Sec.  940.  [Notice  of  accidents.]  The  owner, 
lessee  or  agent  of  a  mine  at  which  loss  of  life 
occurs  by  accident,  shall  give  notice  thereof,  by 
telegram,  forthwith,  to  the  office  of  the  chief 
inspector  of  mines,  and  to  the  coroner  of  the 
county  in  which  such  accident  occurs;  and, 
within  twenty-four  hours  next  after  loss  of  life 
or  personal  injury  has  occurred,  the  owner,  lessee 
or  agent  of  the  mine  shall  send  to  the  chief 
inspector  of  mines  a  report  in  writing,  of  the 
accident,  specifying  the  character  and  cause 
thereof,  the  names  of  the  persons  killed  or  in- 
jured, and  the  nature  of  the  injuries.  If  a  per- 
sonal injury  thereafter  results  in  the  death  of 
the  person  injured,  as  soon  as  such  death  comes 
to  his  knowledge,  the  owner,  lessee  or  agent 
shall  give  notice  thereof  forthwith,  in  writing,  to 
the  chief  inspector  of  mines,  and  to  the  coroner 
of  the  county  in  which  such  accident  occurred. 
(Sec.  907,  921,  934,  951;  Penalty,  Sec.  976.) 

[Return    of    owner,    lessee    or    agent.]      The 

owner,  lessee  or  agent  of  a  mine,  shall,  on  or  be- 
fore the  thirty-first  day  of  January  of  each  year, 
send  to  the  office  of  the  chief  inspector  of  mines, 
upon  blanks  furnished  by  him,  a  correct  return, 
specifying  with  respect  to  the  year  ending  on  the 
preceding  thirty-first  of  December,  the  quantity 
of  coal  mined,  and  the  number  of  persons  ordi- 
narily employed  at.  in,  and  around  such  mine. 


distinguishing  the  persons  below  and  above 
ground,  and  give  such  other  information  as  re- 
quired by  such  blanks.  (Penalty,  Sec.  976.) 

Sec.  941.  [Test  weights  to  be  provided.]  The 
owner,  lessee  or  agent  of  a  coal  mine,  at  which 
the  earnings  of  ten  or  more  persons  depend  upon 
the  weights  of  coal  mined,  shall  provide  and 
keep  accessible  for  the  purpose  of  testing  the 
weigh  scales  as  provided  elsewhere  in  this  act, 
the  following  standard  test  weights,  properly 
sealed:  Where  the  coal  mined  is  weighed  upon 
hopper  or  pan  scales,  two  standard  test  weights 
of  fifty  pounds  each;  where  the  coal  mined  is 
weighed  upon  railroad  track  scales,  ten  standard 
test  weights  of  fifty  pounds  each.  (Sec.  910.) 

[Owner,  lessee  or  agent  shall  provide  safety 
lamps.]  The  owner,  lessee  or  agent  of  a  mine 
generating  fire-damp,  so  as  to  be  detected  by  a 
safety  lamp,  shall  keep  on  hand  in  proper  con- 
dition for  use,  not  less  than  four  approved  safety 
lamps,  and  upon  request  of  the  district  inspector 
of  mines,  shall  provide  such  additional  safety 
lamps  as  in  his  judgment  may  be  required  to 
meet  any  probable-  emergency. 

[Owner,  lessee  or  agent  shall  provide  shields 
on  mining  machines.]  The  owner,  lessee  or 
agent  of  a  mine,  shall  provide  and  maintain  a 
sufficient  shield  on  each  mining  machine  used  in 
sueh  mine,  as  may  be  authorized  by  the  chief 
inspector  of  mines,  or  the  district  inspector  of 
mines,  for  the  protection  of  those  employed  in 
operating  same.  (Sec.  957;  Penalty,  Sec.  976.) 


Signal   Code. 

49 


Sec.  942.  [Signals  at  mines,  how  conducted; 
devices  to  be  used.]  At  each  mine  operated  by 
shaft,  the  means  of  signaling  to  and  from  the 
bottom  man,  the  top  man,  and  the  engineer  shall 
consist  of  a  tirbe,  or  tubes,  or  wire  encased  in 
wood  or  iron  pipes,  through  which  signals  shall 
be  communicated  by  electricity,  compressed  air, 
or  other  devices.  The  following  signals  are  pro- 
vided for  use  at  mines  where  signals  are  re- 
quired : 

SIGNAL   CODE. 
From   the    Bottom   to  the   Top. 

[One  ring  or  whistle.]  One  ring  or  whistle 
from  the  bottom  to  the  top  shall  signify  to  hoist 
coal  or  the  empty  cage,  and  also  to  stop  either 
when  in  motion. 

[Two  rings  or  whistles.]  Two  rings  or 
whistles  shall  signify  to  lower  cage. 

[Three  rings  or  whistles.]  Three  rings  or 
whistles  shall  signify  that  men  are  coming  up; 
when  return  signal  is  received  from  the  engineer, 
men  will  get  on  the  cage,  and  eager  shall  ring 
or  whistle  one  to  start. 

[Four  rings  or  whistles.]  Four  rings  or 
whistles  shall  signify  to  hoist  slowly,  implying 
danger. 

[Five  rings  or  whistles.]  Five  rings  or 
whistles  shall  signify  accident  in  the  mine  and 
a  call  for  a  stretcher. 

51 


52 


From   the  Top  to   the   Bottom. 

[One  ring  or  whistle.]  One  ring  or  whistle 
from  the  top  to  the  bottom  shall  signify:  All 
ready,  get  on  cage. 

[Two  rings  or  whistles.]  Two  rings  or 
whistles  shall  signify:  Send  away  empty  cage. 

[Addition  to  code,  when  allowed;  code  must 
be  posted  at  top  and  bottom.]  Provided,  that  the 
management  of  any  mine,  may,  with  the  consent 
of  the  district  inspector  of  mines,  add  to  this 
code  of  signals  in  his  discretion,  for  the  pur- 
pose of  increasing  its  efficiency,  or  of  promoting 
the  safety  of  the  men  in  said  mine,  but  whatever 
code  may  be  established  and  in  use  at  any  mine 
must  be  furnished  by  the  mining  department, 
conspicuously  posted  at  the  top  and  at  the  bottom 
and  in  the  engine  room,  for  the  information  and 
instruction  of  all  persons  concerned. 

[Emergency  signal  in  shafts.]  At  each  mine 
where  persons  are  hoisted  in  a  vertical  shaft,  an 
emergency  signal  shall  be  provided  in  such  man- 
ner that  persons  can  give  signals  from  the  cage, 
in  the  event  the  cage  is  stopped  between  the 
top  and  bottom  landings.  (Sec.  929;  Penalty, 
Sec.  976.) 

Sec.  943.  [Lights  in  mines.]  The  owner, 
lessee  or  agent  of  each  mine  shall  provide  an 
enclosed  lard  or  signal  oil  lamp  or  lantern  or  in- 
candescent electric  light  at  such  point  or  points 
in  the  mine  as  may  be  necessary  for  the  proper 
safety  of  persons,  especially  at  the  top  of  ex- 


53 


treme  grades.  No  open  light  shall  be  irsed  for 
fixed  or  stationary  purposes;  no  open  torches 
or  lamps  larger  than  the  lamps  provided  for 
in  this  act  for  use  as  open  lights,  and  no  coal 
oil  or  kerosene  lamp  or  lanterns,  shall  be  used 
in  a  mine.  This,  however,  shall  not  prevent  the 
use  of  a  torch  or  blow-torch  for  mechanical  pur- 
poses other  than  illumination.  (Sec.  961.) 

[Light  or  signal  on  locomotives  and  trains.] 
The  owner,  lessee  or  agent  of  a  mine  at  which 
locomotives  are  used  for  hauling  the  coal,  shall 
keep  a  light  on  the  front  end  of  the  locomotive 
when  it  is  in  use,  and  when  the  locomotive  is 
run  ahead  of  the  trip,  and  the  trip-rider  is  not 
required  to  ride  the  rear  car  of  the  trip,  a  signal, 
light  or  marker,  approved  by  the  district  inspector 
of  mines,  shall  be  carried  on  the  rear  end  of 
the  trip  to  indicate  when  the  trip  has  passed. 
Cars  shall  not  be  pushed  ahead  of  the  locomotive 
where  it  can  be  avoided,  and  when  cars  are  run 
ahead  of  the  locomotive  a  light  shall  be  carried 
on  the  front  end  of  the  trip  and  the  cars  shall 
not  be  moved  at  a  speed  greater  than  four  miles 
per  hour.  When  rope  haulage  is  used,  an  en- 
closed light  shall  be  carried  on  the  front  end  of 
each  train  so  hauled.  When  a  mechanical  haulage 
trip  passes  through  an  automatic  door  having  no 
attendant  other  than  persons  in  charge  of  such 
trip,  the  trip-rider  shall  be  required  to  ride  the 
rear  car  of  the  trip  while  passing  through  such 
door,  and  see  that  it  closes  after  the  trip  passes 
through.  (Sec.  923,  958;  Penalty,  Sec.  976.) 


54 


Sec.  944.  [Employment  of  minors.]  The 
owner,  lessee  or  agent  of  a  mine  shall  not  em- 
ploy, or  permit  to  work  therein,  any  boy  under 
fourteen  years  of  age;  nor  employ,  or  permit  to 
work  therein,  any  boy  under  fifteen  years  of  age 
during  a  term  of  the  public  schools,  in  the  dis- 
trict in  which  he  resides.  (Sec.  912,  953.) 

[Removal  of  combustible  matter.]  Whenever 
an  entry  or  air-way  becomes  so  dry  that  the  air 
becomes  charged  with  dust,  the  owner,  lessee  or 
agent  shall  cause  such  entry  or  air-way  to  be 
sprinkled,  and  all  accumulated  matter,  explosive 
in  its  nature,  shall  be  removed  from  the  mine. 
(Sec.  956.) 

[Quantity  of  oil  in  mine  restricted.]  No  oil 
shall  be  taken  into  or  stored  in  a  mine  except 
as  may  be  required  to  be  opened  for  use  within 
two  days  thereafter;  and  in  no  case  shall  more 
than  two  barrels  of  oil  be  kept  at  any  one  place, 
and  not  more  than  ten  barrels  of  oil  shall  be  had 
in  a  mine  at  any  one  time.  All  waste  oil  and 
empty  barrels  shall  be  promptly  removed  from 
the  mine.  (Sec.  974,  975.) 

[Location  of  boilers  at  mine.]  The  per- 
manent boilers  used  for  generating  steam,  and 
the  buildings  containing  the  boilers,  shall  not 
be  nearer  than  sixty  feet  to  any  mine  opening  or 
to  a  building  or  inflammable  structure  connected 
with  or  surrounding  such  opening.  (Penalty,  Sec. 
976.) 


55 


Sec.  945.  [Relating  to  underground  stables.] 
The  owner,  lessee  or  agent  of  a  coal  mine  at 
which  the  live  stock  is  kept  underground,  shall 
observe  the  following:  The  stable  or  stalls  shall 
be  separated  from  the  main  inlet  and  main  outlet 
air-courses  by  not  less  than  twenty  feet  of  solid 
strata  or  a  solid  wall  of  brick  or  masonry  not 
less  than  twelve  inches  in  thickness,  except  at 
two  doors  not  more  than  five  feet  wide,  which 
shall  be  made  of  steel  plate,  not  less  than  one- 
quarter  inch  in  thickness  and  hinged  to  the  solid 
strata  or  masonry  without  the  use  of  wood;  the 
ventilation  for  the  stable  shall  be  taken  from 
main  inlet  air-course  by  a  by-pass  or  separate 
split  and  returned  to  the  main  outlet  air-course 
so  that  the  air  passing  the  stables  will  not  enter 
the  inward  working  places  of  the  mine,  and  ar- 
ranged so  that  the  by-pass  or  split  can  readily 
be  closed  at  both  inlet  and  outlet  sides  of  the 
stable  by  steel  doors  hinged  to  the  solid  strata 
or  masonry  without  the  use  of  wood;  the  con- 
struction of  the  stable  inside  shall  be  free  from 
pine  or  light  lumber;  shall  be  of  brick  or  ma- 
sonry as  much  as  practicable,  and  any  timber 
used  shall  be  of  hardwood  of  a  cross  section  not 
less  than  three  by  six  inches;  no  hay  or  straw 
shall  be  taken  into  the  mine  or  stable  unless  same 
be  compressed  into  compact  bales,  and  then  only 
from  time  to  time  in  such  quantities  as  will  be 
required  for  two  days'  use;  no  greater  quantity 
of  hay  or  straw  shall  be  stored  in  the  mine  or 
stable,  and  when  such  is  taken  into  the  mine  it 
shall  be  taken  inside  the  stable  at  once;  the 
lights  used  in  the  stable  shall  be  incandescent 


56 


electric  lamps,  placed  so  that  same  will  not  be 
injured  by  the  stock  or  by  persons  required  to 
enter  the  stable,  or  lanterns  of  railroad  type 
suitable  for  using  lard  or  signal  oil,  and  only 
such  oil  shall  be  used  therein;  all  refuse  and 
waste  shall  be  promptly  removed  from  the  stable 
and  the  mine,  and  shall  not  be  allowed  to  accumu- 
late. Stables  constructed  underground  after  the 
passage  and  approval  of  this  act,  shall  be  located 
not  nearer  than  one  hundred  and  fifty  feet  of 
any  opening  to  the  mine  used  as  a  means  of  in- 
gress or  egress.  (Sec.  955,  960;  Penalty,  Sec. 
976.) 

Sec.  946.  [Relating  to  use  of  gasoline  in 
mines.]  No  gasoline,  naphtha  or  kerosene  engine 
shall  be  used  in  a  mine,  except  for  operating 
pumping  machinery  where  electric,  compressed  air 
or  steam  power  is  not  available  or  cannot  be 
transmitted  to  the  pump,  and  then  the  owner, 
lessee  or  agent  shall  observe  the  following: 
Notice  shall  be  made  to  the  chief  inspector  of 
mines  before  installing,  and  the  installation  and 
operation  shall  be  subject  to  his  approval:  No 
wood  or  inflammable  material  shall  be  permitted 
nearer  than  twenty-five  feet  of  the  engine:  The 
supply  tank  from  which  the  gasoline,  naphtha  or 
kerosene  is  fed  to  the  engine,  shall  be  of  metal, 
with  a  suitable  screw  cap  opening,  fitted  with  a 
gasket,  so  as  to  make  the  tank  air-tight  and 
prevent  the  escape  of  gas  into  the  atmosphere, 
and  the  tank  kept  free  from  leaks:  The  gaso- 
line, naphtha  or  kerosene  shall  be  fed  from  a 
tank  to  the  carburetor  or  mixer  by  metal  tubes 


57 


securely  connected  so  as  to  reduce  the  possi- 
bility of  leaks  to  a  minimum:  The  exhaust 
from  the  engine  shall  be  conducted  by  means  of 
metal  pipes  into  the  return  air  current,  so  that 
the  fumes  of  combustion  will  not  enter  the  work- 
ings of  the  mine  where  the  men  are  required  to 
work,  or  be  conducted  in  an  upcast  shaft  or 
slope  not  used  as  a  means  of  ingress  or  egress, 
or  through  metal  pipes  to  the  surface:  At  no 
time  shall  there  be  more  than  five  gallons  of 
gasoline,  naphtha  or  kerosene  in  the  supply  tank; 
at  no  time  shall  more  than  five  gallons  of  same 
be  taken  into  the  mine  at  any  one  time,  and 
at  no  time  shall  there  be  more  than  ten  gallons 
in  the  mine,  including  that  in  the  supply  tank: 
No  gasoline,  naphtha  or  kerosene  shall  be  taken 
into  the  mine  except  in  metallic  cans,  with  a 
screw  cap  opening  at  the  top,  fitted  with  a 
suitable  gasket:  No  package  or  can,  or  the  sup- 
ply tank  of  an  engine,  containing  gasoline,  naph- 
tha or  kerosene,  shall  be  opened  until  ready  to 
make  the  transfer  from  the  package  or  can  to 
the  supply  tank,  and  in  transferring,  a  funnel 
shall  be  used  so  as  to  avoid  spilling  the  gasoline, 
naphtha  or  kerosene,  and  the  cap  on  the  supply 
tank  shall  be  immediately  closed:  In  no  case 
shall  the  package,  can,  or  the  supply  tank,  be 
opened,  with  any  open  light  or  other  thing  con- 
taining fire  within  twenty-five  feet  of  same.  (Pen- 
alty, Sec.  976.) 

Sec.  947.  [Relating  to  use  of  electricity  in 
mines.]  The  owner,  lessee  or  agent  of  a  mine 
in  which  electricity  is  used  as  a  means  of  power, 


58 


shall    observe    the    following    in    the    application 
thereof: 

[Trolley  wires.]  All  trolley  wires  shall  be 
carried  at  least  six  inches  outside  of  and  parallel 
with  the  track  rail  on  the  side  the  trolley  wire  is 
located.  When  regular  height  is  less  than  six 
feet  six  inches  from  top  of  rail,  the  lower  side 
of  trolley  wire  must  not  exceed  six  inches  from 
the  roof  or  cross-timber  with  hangers  now  in  use, 
with  hangers  not  to  exceed  twenty-five  feet  be- 
tween centers,  and  the  tension  sufficient  to  keep 
all  wires  from  sagging  and  to  prevent  trolley 
wheel  from  coming  in  contact  with  roof  or  cross- 
timbers.  All  new  hangers  hereafter  installed 
shall  not  exceed  five  inches  in  depth  from  lower 
side  of  the  trolley  wire  to  the  roof  or  cross- 
timbers. 

[Wires  crossing  traveling  ways.]  All  trolley 
and  positive  feed  wires  crossing  places  where 
persons  or  animals  are  required  to  travel,  shall 
be  safely  guarded  or  protected  from  such  per- 
sons or  animals  coming  in  contact  therewith. 

[Wires  opposite  rooms  and  refuge  holes.]  All 
trolley  and  positive  feed  wires  shall  be  placed 
on  opposite  side  of  track  from  refuge  holes  or 
necks  of  rooms. 

[Bare  wires;  when  not  to  extend  into  work- 
ing places.]  No  trolley  wire  shall  be  extended 
into  or  maintained  in  any  room  while  being  used 
as  a  working  place;  no  trolley  or  feed  wire  shall 
be  extended  into  any  entry  beyond  the  outside 
corner  of  the  last  breakthrough. 


59 


[Switches  and  circuit-breakers.]  Switches  or 
circuit-breakers  shall  be  provided  to  control  the 
current  at  the  mine,  and  at  all  important  points 
in  the  mine. 

[Machine  feed  wires  and  insulators.]  All 
machine  feed  wires  shall  be  placed  as  near  the 
rib  and  roof  or  cross-timbers  as  practicable;  the 
positive  wire  to  be  carried  not  to  exceed  three 
inches  from  the  rib  and  roof  or  cross-timbers, 
measured  at  the  insulators,  which  shall  be  so 
placed  as  to  keep  the  wire  at  least  six  inches 
outside  of  the  track  rail  on  the  side  the  wire  is 
located.  Insulators  shall  be  placed  not  exceeding 
fifty  feet  c^art,  and  all  wires  shall  be  carried 
so  that  sai.:e  will  be  not  less  than  six  inches 
outside  of  the  track  rail  at  any  point  on  the  side 
the  wire  is  located.  All  positive  wires  shall  be 
carried  on  glass  or  porcelain  insulators,  or  in- 
sulators equally  efficient.  All  negative  wires  shall 
be  carried  on  suitable  fixtures,  and  when  carried 
in  same  entry  as  the  positive  wire,  shall  be 
carried  on  the  same  side  of  the  entry  as  the 
positive  wire,  and  as  close  to  it  as  practicable. 
When  machine  or  feed  wires  are  carried  in  same 
entry  as  trolley  wire,  they  shall  be  placed  on 
the  same  side  as  the  trolley  wire,  between  trolley 
wire  and  rib.  Nothing  in  the  foregoing  shall  re- 
quire negative  wires  being  carried  in  same  entry 
with  positive  wire. 

[Wires  in  shafts  or  slopes.]  When  necessary 
to  carry  wires  down  shafts  or  slopes  used  as 
traveling  ways,  the  wires  must  be  thoroughly 


60 


cased    or   protected,    so    that    persons   cannot    be 
shocked  therefrom. 

[Wires;  how  placed  in  rooms.]  Positive 
machine  feed  wires,  when  extended  into  rooms, 
shall  be  placed  not  nearer  than  four  feet  of  the 
track,  where  the  room  is  of  sufficient  width,  and 
the  same  shall  only  be  connected  to  the  positive 
wire  or  wires  on  the  entry  while  in  actual  use. 
The  material  used  for  making  such  connection 
shall  be  of  sufficient  length  to  reach  across  the 
entry,  and  when  same  is  disconnected,  it  shall 
be  kept  with  the  machine  operating  at  such 
point  or  working  place.  No  electric  wires  shall- 
be  extended  into  any  room  unless  a  one  hundred 
and  fifty  foot  cable  will  not  reach  the  face  of 
the  room,  and  then  not  beyond  the  outside  corner 
of  the  last  breakthrough. 

[Protection  of  terminal  ends.]  All  terminal 
ends  of  positive  wires  shall  be  guarded  so  as 
to  prevent  persons  inadvertently  coming  in  con- 
tact therewith. 

[Connection  of  negative  wires,  pipe  lines  and 
track.  Bonding  of  track.]  The  bonded  track, 
the  negative  wires  and  metallic  pipe  lines,  when 
coming  near  each  other,  may  be  connected  to- 
gether at  intervals  not  exceeding  five  hundred 
feet,  and  any  track  used  as  the  return  or  earth 
system  shall  be  properly  bonded.  In  no  case  shall 
a  pipe  line,  or  any  part  thereof,  be  used  ex- 
clusively as  the  return,  and  when  connected  to 
the  earth  system,  the  negative  wire  or  bonded 


61 


track   shall    be   of   ample   capacity,   exclusive   of 
the  pipe   line,  to  carry  the  current. 

[Trolley  wires;  how  erected.]  The  trolley 
wire  shall  be  carried  upon  hangers  or  other  fix- 
tures which  will  properly  insulate  it  from  con- 
tact with  the  roof  or  other  substances,  and  so 
the  trolley  wheel  can  trail  without  the  necessity 
of  being  constantly  attended  for  that  purpose, 
and  no  trolley  shall  be  run  on  any  wire  not 
so  carried. 

[Locomotive  must  not  be  operated  im- 
properly.] No  locomotive  shall  be  operated  by 
means  of  a  person  holding  and  sliding  upon  or 
frequently  making  contact  with  the  positive  wire 
with  any  device  attached  to  the  cable  as  a  sub- 
stitute for  a  trolley,  but  these  provisions  shall 
not  prohibit  the  operation  of  a  locomotive  by 
means  of  a  cable  without  the  use  of  the  trolley, 
provided  the  cable  be  connected  to  and  discon- 
nected from  the  positive  wire  when  the  loco- 
motive is  not  in  motion. 

[Protection  to  machine  cable  crossing  entry 
track.]  Means  shall  be  provided  by  which  ma- 
chine runners  may  readily  carry  the  machine 
cable  from  the  machine  to  the  feed  wires  on  one 
side  of  the  entry,  either  under  or  over  the  track 
rails,  in  the  entry  where  such  wires  are  located, 
and  so  the  cable  will  not  come  in  contact  with 
such  track  rails,  thereby  reducing  the  danger 
of  shock  to  persons  or  animals  required  to  travel 
such  entry,  to  the  minimum.  (Sec.  911,  948;  Pen- 
alty, Sec.  976.) 


Sec.  948.  [Voltage  at  mines  hereafter  elec- 
trically equipped.]  The  owner,  lessee  or  agent 
of  a  mine  at  which  electricity  with  a  pressure 
or  potential  of  more  than  three  hundred  and 
twenty-five  volts,  or  alternating  current,  is  used, 
shall,  in  addition  to  the  provisions  of  the  pre- 
ceding section,  observe  the  following: 

[Limit  to  voltage  in  or  about  working  places.] 
At  each  mine  equipped  with  electric  power  after 
the  passage  and  approval  of  this  act,  the  cur- 
rent used  to  operate  gathering  locomotives,  min- 
ing machines,  shearing  machines,  drills  and  other 
machinery,  used  in  or  about  the  working  places 
of  the  mine,  shall  not  exceed  in  pressure  or 
potential,  three  hundred '  and  twenty-five  volts, 
direct  current,  as  shown  at  the  nearest  switch- 
board, and  the  wires  conducting  the  power  from 
the  nearest  switchboard  shall  not  carry  a  higher 
pressure  cr  potential. 

[Relating  to  alternating  current.]  At  each 
mine  equipped  with  electric  power  after  the  pas- 
sage and  approval  of  this  act,  no  alternating  cur- 
rent shall  be  used  underground  to  operate  any 
machinery  other  than  that  necessary  to  convert 
the  alternating  current  to  direct  current,  and  no 
wires  carrying  alternating  current  shall  be  used 
underground  except  same  be  carried  in  an  entry 
or  passage-way  where  persons  and  animals  are 
not  permitted  to  travel. 

[Relating  to  higher  voltage  mines  hereafter 
equipped.]  At  each  mine  equipped  with  electric 
power  after  the  passage  and  approval  of  this  act, 


63 


when  the  current  used  to  operate  haulage  loco- 
motives, pumps  and  other  machinery  not  located 
in  or  about  the  working  places  of  the  mine,  is 
of  a  pressure  or  potential  in  excess  of  three  hun- 
dred and  twenty-five  volts,  direct  current,  the 
entry  or  passage  way  where  such  wires  are  car- 
ried shall  not  be  designated  or  permitted  to  be 
used  as  the  principal  traveling  way,  and  when 
designated  or  used  as  the  escapement  way,  the 
wires  shall  be  protected  so  that  persons  required 
to  travel  near  same  in  emergencies  will  not  in- 
advertently come  in  contact  therewith.  No  pres- 
sure in  excess  of  six  hundred  and  fifty  volts  at 
the  switchboard  shall  be  used  underground. 

[Relating  to  higher  voltage,  mines  heretofore 
equipped.]  At  each  mine  equipped  with  electric 
power  prior  to  the  passage  and  approval  of  this 
act,  where  the  pressure  or  potential  is  in  excess 
of  three  hundred  and  twenty-five  volts,  direct 
current,  or  where  alternating  current  is  used, 
and  the  conditions  surrounding  the  use  of  same 
are  such,  in  the  opinion  of  the  chief  inspector  of 
mines,  that  the  provisions  of  the  preceding  sec- 
tion do  not  provide  the  required  protection  from 
shock  to  persons  employed  therein,  such  ad- 
ditional safeguards  shall  be  employed  as  may  be 
required  by  the  chief  inspector  of  mines,  and 
the  district  inspector  of  mines,  jointly.  (Sec.  911, 
947;  Penalty,  Sec.  976.) 

Sec.  949.  [Relating  to  construction  of  new 
mines.]  Any  person,  firm  or  corporation  begin- 
ning the  opening  of  a  mine,  whether  such  person, 


64 


firm  or  corporation  be  the  owner,  lessee  or  agent 
of  the  property  upon  which  such  mine  is  located, 
or  not,  shall  observe  the  following  in  the  con- 
struction of  such  mine:  If  the  opening  be  a 
slope  or  vertical  shaft,  no  explosive  used  therein 
shall  be  fired  by  means  of  a  squib  or  fuse  after 
the  same  is  extended  more  than  twenty-five  feet 
from  the  surface,  and  thereafter  and  until  the 
slope  or  shaft  reaches  the  seam,  and  the  entry 
or  landing  be  extended  beyond  a  breakthrough 
or  other  place  driven  at  right  angles  thereto, 
no  explosive  shall  be  fired  except  by  means  of 
an  electric  battery  operated  from  the  surface 
after  all  persons  are  on  the  surface.  A  sub- 
stantial structure  to  sustain  sheave  wheels  or 
pulleys,  ropes  and  loads,  shall  be  provided,  and 
if  the  opening  be  a  shaft,  the  same  shall  be 
placed  at  a  height  of  not  less  than  twenty  feet 
above  the  tipping  place.  A  landing  platform  shall 
be  arranged  in  such  manner  that  no  material  can 
fall  into  the  shaft  while  the  bucket  is  being 
emptied,  and  in  no  case  shall  the  shaft  be  sunk 
to  a  depth  of  more  than  thirty  feet  without  such 
structures.  If  the  bucket  used  for  hoisting  ma- 
terial is  to  land  on  a  truck,  the  track  on  which 
said  truck  is  operated,  and  the  platform,  shall 
be  so  constructed  that  material  cannot  fall  into 
the  shaft.  Rock  and  coal  shall  not  be  hoisted 
from  a  shaft  or  slope  except  in  a  bucket  or 
"cage  attached  to  the  rope  by  a  safety  hook, 
clevis,  or  other  safe  attachment,  and  the  bucket 
or  cage  securely  locked  so  that  same  cannot  tip 
or  empty  while  being  hoisted.  The  rope  shall 
be  fastened  to  the  side  of  the  drum,  and  not 


.65 


less  than  three  coils  of  rope  shall  always  re- 
main on  the  drum.  After  the  shaft  reaches  a 
depth  of  one  hundred  feet,  the  same  shall  be  pro- 
vided with  guides  and  guide  attachments,  ap- 
plied in  such  a  manner  as  to  prevent  the  bucket 
from  swinging  while  being  lowered  or  hoisted, 
and  said  guides  and  guide  attachments  shall  be 
maintained  at  a  distance  of  not  more  than 
seventy-five  feet  from  the  bottom  of  the  shaft. 
The  sides  of  all  shafts  shall  be  properly  secured 
for  safety,  and  no  loose  rock  or  material  shall 
be  allowed  to  remain  on  any  timber  in  the  shaft 
after  each  blast.  All  loose  timber,  tools,  and 
materials,  shall  be  kept  away  from  the  top  of 
the  shaft,  so  as  to  reduce  the  danger  of  same 
falling  down  the  shaft.  Where  explosive  gas  is 
encountered,  the  person  in  charge  shall  see  that 
the  shaft  or  slope  is  examined  before  each  shift 
of  men  enter  to  work,  and  before  the  men  de- 
scend after  each  blast.  Provision  shall  be  made 
for  the  proper  ventilation  of  the  slope,  or  shaft, 
so  that  persons  working  therein  will  have  the 
necessary  air.  An  efficient  brake  shall  be  at- 
tached to  each  drum  of  an  engine  used  in  hoist- 
ing material  and  persons,  and  all  machinery, 
ropes  and  chains  connected  therewith  shall  be 
carefully  examined  once  each  twelve  hours.  Not 
more  than  four  persons  shall  be  lowered  or 
hoisted  in  or  on  a  bucket  at  one  time,  and  no 
person  shall  be  permitted  to  ride  on  a  loaded 
bucket.  The  bucket  used  in  lowering  or  hoist- 
ing persons  shall  be  equipped  with  proper  safety 
devices,  so  that  same  cannot  become  detached 
from  the  rope  or  cable,  and  cannot  tip  or  turn 


66 


upside  down  while  being  so  used.  The  chief  in- 
spector of  mines,  and  the  district  inspector  of 
mines,  shall  have  jurisdiction  over  such  mine 
when  the  shaft  or  slope  reaches  a  depth  of 
twenty-five  feet,  and  such  person,  firm  or  corpora- 
tion shall  comply  with  any  order  issued  by  either 
or  both  of  them  with  respect  to  the  safety  of 
persons  employed.  Other  than  the  provisions 
herein,  the  provisions  of  this  act  shall  not  apply 
to  the  opening  of  a  mine  until  such  opening 
reaches  the  seam,  and  the  entry  or  landing  be  ex- 
tended beyond  a  breakthrough,  or  other  place 
driven  at  right  angles  thereto.  (Penalty,  Sec. 
976.) 

Sec.  950.  [Additional  openings;  when  and 
how  provided  for.]  When,  in  the  opinion  of  the 
district  inspector  of  mines,  together  with  the 
chief  inspector  of  mines,  the  ways  and  means  of 
egress  in  any  mine  under  their  jurisdiction,  from 
the  interior  working  places  to  the  surface,  as 
provided  for  in  this  act,  are  inadequate  as  a  safe 
and  ready  means  of  escape  in  case  of  probable 
emergency,  and  there  are  extra  hazards  of  a 
permanent  nature  that  cannot  be  removed  either 
from  long  distance  from  the  interior  working 
places  to  the  exterior  openings  for  egress,  from 
danger  of  fire  at  any  point,  or  any  other  cairse 
that  probably  will  result  in  the  entombment  of 
persons  working  therein,  they  shall  jointly  give 
notice  in  writing  to  the  owner,  lessee  or  agent  of 
such  mine,  and  require  an  additional  opening  by 
shaft,  slope,  or  drift,  from  the  surface:  the  lo- 
cation of  the  interior  end  of  such  shaft,  slope  or 


67 


drift,  to  be  sufficiently  near  the  interior  work- 
ing places  in  that  part  of  the  mine  where  such 
persons  are  endangered,  to  afford  such  persons 
safe  and  ready  means  of  escape,  free  from  such 
hazards.  If  the  owner,  lessee  or  agent  of  such 
mine  on  the  one  part,  and  the  district  inspector 
of  mines  together  with  the  chief  inspector  of 
mines  on  the  other  part,  fail  to  agree  as  to  the 
location  of  such  additional  opening,  or,  if  the 
owner,  lessee  or  agent  of  such  mine  considers 
that  the  conditions  and  nazards  enumerated  in 
such  notice  do  not  justify  the  requirement  of 
such  additional  opening,  such  owner,  lessee  or 
agent,  may,  within  five  days  after  receiving  such 
notice,  appeal  against  such  requirement  on  the 
part  of  the  district  inspector  of  mines  and  the 
chief  inspector  of  mines,  to  any  court  of  com- 
petent jurisdiction  within  the  state.  (Sec.  932; 
Penalty,  Sec.  976.) 


Relating   to   Superintendent,    Mine- 
Foreman  and   Over-Seer. 

69 


RELATING   TO    SUPERINTENDENT,    MINE- 
FOREMAN   AND  OVER-SEER. 

Sec.  951.  [Duties  of  superintendent.]  The 
superintendent  in  charge  of  a  mine  shall  see  that 
the  provisions  of  this  act  are  carried  out,  and 
shall,  in  case  of  an  accident  resulting  in  the 
death  of  or  injury  to  persons,  carefully  investi- 
gate such  accident,  and  report  to  the  chief  in- 
spector of  mines,  as  provided  for  in  this  act,  and 
to  the  owner,  lessee  or  agent  of  the  mine.  He 
shall  give  such  other  notice  to  the  chief  in- 
spector of  mines  as  required  by  the  provisions 
of  this  act,  and  shall  co-operate  with  the  mine- 
foreman  and  direct  him  as  may  be  necessary  in 
securing  a  compliance  with  the  provisions  of 
this  act,  and  the  safety  of  the  persons  employed 
in  the  mine.  Nothing  herein  shall  prohibit  the 
superintendent  from  fulfilling  the  duties  of  mine- 
foreman.  (Sec.  940,  952,  953,  965;  Penalty,  Sec. 
976.) 

Sec.  952.  [Duties  of  mine  foreman.]  The 
mine-foreman  shall  attend  personally  to  his 
duties  in  the  mine,  carry  out  all  the  provisions 
set  forth  in  this  act,  see  that  the  regulations 
prescribed  for  each  class  of  workmen  under  his 
charge  are  carried  out  in  the  strictest  manner 
possible,  and  see  that  any  deviations  from  any 
of  them  are  promptly  adjusted.  (Sec.  953,  965.) 

[When    ventilation    stops.]     In   case   of  acci- 
dent   to    a    ventilating    fan,    or    its    machinery, 
71 


whereby  the  ventilation  of  the  mine  would  be 
seriously  interrupted,  he  shall  promptly  order 
the  men  to  immediately  withdraw  from  the  mine 
and  not  return  to  their  work  until  the  ventila- 
tion has  been  restored,  and  his  permission  to 
enter  is  given;  if  at  a  mine  which  generates 
fire-damp,  he  shall  not  order  them  to  return  until 
the  mine  has  been  thoroughly  examined  by  him, 
or  his  assistant,  and  reported  to  be  safe.  (Sec. 
922,  923,  924.) 

[Dangerous  places  fenced.]  He  shall  see 
that  all  dangerous  places  are  properly  fenced  off, 
and  proper  danger  signal  boards  are  hung  on 
such  fencing  that  they  may  be  plainly  seen;  he 
shall  also  travel  all  air-ways,  and  examine  all 
the  accessible  openings  to  old  workings  as  often 
as  is  necessary  to  insure  their  safety.  (Sec.  925.) 

[Examination  of  working  places.]  He  shaJl 
examine  each  working  place,  or  have  it  ex- 
amined by  his  assistant,  at  least  once  each  alter- 
nate day  that  persons  are  or  should  be  at  work 
therein,  and  oftener,  when,  in  his  judgment,  the 
circumstances  require.  He  shall  instruct  pick 
miners  and  machine  runners  regarding  the  width 
of  working  places.  (Sec.  956.) 

Sec.  953.  [When  working  place  is  unsafe.] 
When  a  working  place  becomes  unsafe  from  any 
cause,  he  shall  order  the  person  or  persons  work- 
ing therein,  to  cease  mining  or  loading,  and  not 


73 


to  remain  in  such  working  place,  except  as  may 
be  necessary  to  make  it  safe,  until  it  is  made  safe. 
(Sec.  956.) 

[Supplying  of  props  and  timber.]  He  shall 
see  that  the  working  place  of  each  miner  is 
kept  supplied  with  props  of  approximate  length, 
caps,  and  other  timbers  necessary  to  securely 
prop  the  roof  thereof.  When  he  examines  a  work- 
ing place,  he  shall  observe  the  condition  of  the 
roof  and  timbering,  and  instruct  the  workmen 
therein  as  to  the  proper  method  of  timbering 
for  the  security  of  the  roof.  He  shall  give  such 
instructions  to  drivers,  motormen,  trip-riders,  and 
other  persons,  as  may  be  necessary  to  keep  a 
supply  of  timber  in  each  working  place.  (Sec. 
933,  956.) 

[Miner  without  props  or  timber.]  When  he 
finds  a  miner  in  a  working  place  without  the 
necessary  props,  caps  or  timbers  to  securely  prop 
the  roof  thereof,  he  shall  order  such  miner  to 
leave  such  working  place  until  the  required 
timber  is  supplied,  which  he  shall  attend  to 
promptly,  and  shall  order  that  no  cars  be  de- 
livered to  such  miner,  until  timber  is  supplied. 
Sec.  933,  956.) 

[Measure     and     report    of    ventilation.]      He 

shall  keep  a  careful  watch  over  the  ventilating 
apparatus  and  air-ways,  and  measure  the  ventila- 
tion at  least  once  each  week,  at  the  inlet  and 
outlet,  and  at  or  near  the  face  of  all  entries; 
which  measurement  shall  be  noted  on  blanks  fur- 


nished  by  the  chief  inspector  of  mines.  On  the 
first  day  of  each  month,  he  shall  sign  such  blanks, 
properly  filled  with  the  actual  measurements,  and 
forward  them  to  the  chief  inspector  of  mines. 
(Sec.  922,  923,  924,  952.) 

[Record  of  boys  employed.]  He  shall  keep 
a  record  of  the  boys  under  sixteen  years  of  age 
employed  by  him,  or  by  any  other  person,  giving 
the  name,  age,  place  of  birth,  name  and  resi- 
dence of  parents,  and  character  of  employment. 
He  shall  require  written  evidence  from  the 
parent  or  guardian  of  each  of  said  minors,  that 
the  requirements  of  the  school  laws  of  this  state 
have  been  complied  with.  (Sec.  912,  944.) 

[Assistant  mine-foreman.]  The  duties  of 
mine-foreman  shall  apply  to  assistant  mine-fore- 
man, when  acting  for  the  mine-foreman,  or  in 
discharging  the  duties  thereof.  (Sec.  952,  965; 
Penalty,  Sec.  976.) 

.  Sec.  954.  [Relating  to  over-seer.]  The  over- 
seer shall  visit  the  working  place  of  each -in- 
experienced person  engaged  at  mining  or  load- 
ing, at  such  intervals  as  provided  for  in  this  act, 
and  instruct  them  as  to  their  work  and  safety 
and  assist  them  in  caring  for  their  safety.  He 
shall  instruct  such  persons  not  to  handle  or  use 
any  explosives  except  in  his  presence,  until  they 
have  been  employed  in  a  mine  not  less  than 
three  months,  and  not  then  until  he  is  satisfied 
that  such  persons  are  fully  competent  to  handle 
and  use  same  with  safety.  When,  in  his  judg- 


ment,  such  persons  require  more  frequent  super- 
vision than  provided  for  in  this  act,  he  shall 
visit  their  working  places  as  frequently  as  in  his 
judgment  the  circumstances  require.  The  fore- 
going shall  not  prohibit  the  mine-foreman  from 
fulfilling  the  duties  of  over-seer,  so  long  as  all 
the  provisions  of  this  act  are  complied  with. 
(Sec.  965;  Penalty,  Sec.  976.) 


Relating  to  Stableman  and  Fire-Boss. 

77 


RELATING   TO   STABLEMAN    AND    FIRE-BOSS. 

Sec.  955.  [Duties  of  stableman.]  The  stable- 
man shall  see  that  the  provisions  of  this  act 
relating  to  stables  are  carried  out,  and  shall  for 
bid  persons  not  required  by  duty,  to  enter  the 
stable  or  loiter  in  or  about  same,  whether  the 
stable  be  inside  of  the  mine  or  on  the  surface. 
(Sec.  945,  960.) 

[Duties  of  fire-boss.]  The  fire-boss  shall  ex- 
amine with  a  safety  lamp  each  working  place, 
whether  same  is  in  the  actual  course  of  work- 
ing or  not,  the  traveling  ways  and  entrances  to 
old  workings  in  the  mine  every  morning,  not 
more  than  three  hours  prior  to  the  appointed 
time  for  the  employes  to  enter  the  mine.  As 
evidence  of  such  examination,  he  shall  mark 
with  chalk  upon  the  face  of  the  coa1,  or  in  some 
other  conspicuous  place,  his  initials  and  date 
of  the  month.  If  there  is  any  standing  gas  dis- 
covered, he  shall  leave  a  danger  signal  across 
every  entrance  to  such  place. 

[Report  on  blackboard.]  He  shall  make  a 
report  on  a  blackboard  provided  on  the  outside 
of  the  mine  for  that  purpose,  and  arranged  so 
the  men  can  conveniently  inspect  it.  showing  the 
condition  of  the  mine  as  to  the  presence  of  fire- 
damp, and  indicating  the  place,  or  places,  where 
present,  if  any  is  present,  before  he  permits  any 
person  to  enter  the  mine.  He  shall  examine  parts 
79 


80 


of  the  mine  not  in  the  actual  course  of  working 
and  available,  not  less  than  once  each  three 
days. 

[Written  report.]  The  fire-boss  shall  make  a 
written  report,  which  shall  be  kept  in  the  office, 
or  some  place  at  the  mine  where  it  can  be  seen 
by  the  mine  inspector  when  called  for.  He  shall 
£ee  that  every  part  of  the  mine  is  kept  free 
from  standing  gas,  and  that  all  old  workings  are 
properly  fenced  off,  as  provided  for  in  this  act. 
He  shall  return  to  the  mine  with  the  miners 
and  remain  there  at  least  one  hour,  attending 
to  the  removal  of  any  standing  gas.  He  shall  ex- 
amine the  mine  on  idle  days  and  Sundays  if  any 
men  are  required  to  work  in  any  part  of  it,  and 
if  more  than  three  hours  elapse  between  the  day 
turn  leaving  and  night  turn  starting,  the  places  to 
be  worked  by  night  turn  must  be  examined  by 
him  with  a  safety  lamp,  and  reported  safe  be- 
fore persons  go  to  them.  (Sec.  925,  959;  Pen- 
alty, Sec.  976.) 


Relating  to  Employes  Generally. 

81 


RELATING    TO     EMPLOYES    GENERALLY. 

Sec.  956.  [Duties  of  miner.  Examination  of 
working  place.]  Each  miner  shall  examine  his 
working  place  upon  entering  same,  and  shall  not 
commence  to  mine  or  load  until  it  is  made  safe. 
He  shall  be  very  careful  to  keep  his  working 
place  in  a  safe  condition  at  all  times.  (Sec.  952.) 

[Shall  cease  work  when  place  is  dangerous.] 
Should  he  at  any  time  find  his  place  becoming 
dangerous  from  any  cause  or  condition,  he  shall 
at  once  cease  work,  and  notify  the  mine-foreman, 
or  assistant  mine-foreman,  of  such  danger,  and, 
upon  leaving  such  place,  he  shall  place  some  plain 
warning  at  the  entrance  thereto,  to  warn  others 
from  entering  into  the  danger,  and  shall  not  re- 
turn until  ordered  to  do  so  by  the  mine-foreman, 
or  assistant  mine-foreman.  (Sec.  953.) 

[Shall  prop  roof,  etc.]  Each  miner,  or  other 
person  employed  in  a  mine,  shall  securely  prop 
the  roof  of  the  working  place  therein  under  his 
control,  and  shall  obey  any  order,  or  orders,  given 
by  the  superintendent  or  mine-foreman  relating 
to  the  width  of  working  places,  and  to  the  se- 
curity of  the  mine  in  the  part  thereof  where  he  is 
at  work,  and  for  fifteen  feet  back  from  the  face 
of  his  working  place.  Such  miner,  or  other  per- 
son, shall  not  be  held  to  have  violated  the  pro- 
visions of  this  clause  if  the  owner,  lessee  or 
agent  fails  to  supply  the  necessary  props,  caps, 
83 


84 


and  timbers,   as   provided   far  in  this   act.     (Sec. 
933,  953.) 

[Shall  not  waste  props,  etc.]  Each  miner,  cr 
other  person  shall  avoid  waste  of  props,  caps, 
timber,  or  other  material.  When  he  has  props, 
caps,  timber,  or  other  material  unsuited  for  his 
purpose,  he  shall  not  cover  up  or  destroy  same, 
but  shall  place  it  near  the  track  where  it  can  be 
readily  seen.  (Sec.  933,  953.) 

[Blasting  when  fire-damp  is  generating.]  He 
shall  not  fire  a  blast  in  any  working  place  which 
is  likely  to  generate  sudden  volumes  of  fire-damp, 
or  where  "locked  safety  lamps  are  used,  except 
with  the  consent  of  the  mine-foreman,  or  other 
competent  person  designated  by  the  mine-fore- 
man for  that  purpose.  (Sec.  962.) 

[Blasting  when  restricted  to  specific  times.] 
At  a  mine  where  the  firing  of  shots  is  restricted 
to  specific  times,  no  miner  shall  fire  a  shot  until 
the  time  appointed  for  him  to  do  so,  and  then 
only  in  such  rotation  as  designated.  (Sec.  962.) 

[Examination  after  blasting.]  After  each 
blast,  he  shall  exercise  great  care  in  examining 
the  roof  and  coal,  and  shall  secure  them  safely 
before  beginning  to  load  coal.  (Sec.  962.) 

[Shall  post  after  undermining.]  After  the 
coal  is  undermined,  he  shall,  before  shooting  the 
coal,  properly  post  the  roof  of  his  working  place. 

[Must  not  go  under  draw-slate.]  When  draw- 
slate  is  over  the  coal,  he  shall  not  go  underneath 


85 


the  draw-slate  until  it  is  made  safe  from  falling, 
by  securely  posting  it,  and  he  shall  not  remove 
the  posts  until  the  coal  is  removed  and  he  is 
ready  to  take  down  the  draw-slate. 

[Shall  load  fine  coal.]  He  shall  not  place  in 
the  gob  or  refuse  pile,  or  cover  up,  any  fine  coal 
or  coal  dust,  but  shall  load  same  into  cars.  (Sec. 
944;  Penalty,  Sec.  976.) 

Sec.  957.  [Duties  of  machine  men.]  Machine 
runners  and  helpers  shall  use  care  while  oper- 
ating mining  machines.  They  shall  not  operate 
a  machine  unless  the  shields  are  in  place,  and 
shall  warn  persons  not  engaged  in  the  operating 
of  a  machine  of  the  danger  in  going  near  the 
machine  while  it  is  in  operation,  and  shall  not 
permit  such  persons  to  remain  near  the  machine 
while  it  is  in  operation.  They  shall  examine  the 
roof  of  the  working  place  and  see  that  it  is 
safe  before  starting  to  operate  the  machine. 
They  shall  not  move  the  machine  while  the  cut- 
ter chain  is  in  motion.  When  connecting  the 
power  cable  to  the  electric  wires,  they  shall 
make  the  negative  or  grounded  connections  be- 
fore connecting  to  the  positive,  and  when  dis- 
connecting the  power  cable,  shall  disconnect 
from  the  positive  line  before  disconnecting  the 
negative  or  grounded.  When  positive  feed  wires 
extend  into  rooms,  they  shall  connect  such  wires 
to  the  positive  wire  on  the  entry  before  connect- 
ing the  power  cable,  and  as  soon  as  the  power 
cable  is  disconnected  shall  disconnect  such  wire 
from  the  wire  on  the  entry.  They  shall  use  care 


86 


that  the  cable  does  not  make  contact  with  metal- 
lic rails  of  the  track,  and  shall  avoid,  where  pos- 
sible, leaving  the  cable  in  water.  If  they  remove 
props  which  have  been  placed  by  the  miner  for 
the  security  of  the  roof,  they  shall  reset  such 
props  as  promptly  as  possible.  (Sec.  941;  Pen- 
alty, Sec.  976.) 

Sec.  958.  [Duties  of  motormen  and  trip- 
riders.]  Motormen  and  trip-riders  shall  use  care 
in  handling  the  locomotive  and  cars,  and  shall  see 
that  the  signal  or  marker,  as  provided  for,  is 
used  as  provided,  and  shall  be  governed  by  the 
speed  provided  for  in  this  act  in  handling  cars. 

They  shall  not  run  the  locomotive  with  the 
trolley  ahead  of  the  locomotive,  except  in  cases 
where  they  cannot  do  otherwise,  and  then  only 
at  a  speed  of  two  miles  per  hour. 

They  shall  warn  persons  forbidden  to  ride  on 
the  locomotive  or  cars,  and  shall  not  permit  such 
persons  to  ride  on  locomotive  or  cars  contrary 
to  the  provisions  of  this  act. 

[Duties  of  trip-rider,  rope  haulage.]  The 
trip-rider  in  charge  of  rope  haulage  trips  shall 
see  that  the  signal  light,  as  provided  for  in  this 
act,  is  in  place  and  in  proper  condition  before 
starting  trip. 

[Drivers.]  Drivers  shall  use  care  in  handling 
cars,  especially  going  down  extreme  grades,  and 
at  junction  points. 

[Those  in  charge  of  trips  of  cars  shall  see 
that  doors  are  closed.]  Motormen,  trip-riders  and 


87 


drivers  in  charge  of  haulage  trips  passing  through 
doors  used  as  a  means  of  directing  the  ventila- 
tion, shall  see  that  such  doors  are  closed  promptly 
after  the  trip  passes  through.  (Sec.  923,  943,  961; 
Penalty,  Sec.  976.) 

Sec.  959.  [Persons  must  not  enter  mine  until 
fire-boss  reports.]  No  person  shall  enter  a  mine 
generating  fire-damp  so  as  to  be  detected  by  a 
safety  lamp,  until  the  fire-boss  makes  a  report 
outside  the  mine  on  a  blackboard  provided  for 
that  purpose,  and  arranged  where  the  men  can 
conveniently  inspect  it.  No  person  shall  go  be- 
yond a  danger  signal,  until  all  standing  gas  dis 
covered  has  been  removed  or  diluted  and  rendered 
harmless  by  a  current  of  air.  (Sec.  925,  955.) 

[Persons  ordered  to  withdraw  must  not  re- 
Center  without  permission.]  Any  person  being 
ordered  by  the  mine-foreman  to  withdraw  from 
the  mine  on  account  of  the  interruption  of  the 
ventilation  shall  not  re-enter  the  mine  until  given 
permission  to  do  so  by  the  mine-foreman.  (Sec. 
952.) 

[Not  more  than  ten  persons  on  a  cage.]  When 
more  than  ten  persons  get  on  a  cage  or  elevator 
to  be  lowered  into  a  mine,  or  to  be  hoisted  out 
of  a  mine,  the  person  in  charge  of  the  lowering 
and  hoisting  of  such  persons  shall  order  a  suf- 
ficient number  to  get  off  to  reduce  the  number 
to  ten  persons,  and  the  persons  so  ordered  shall 
immediately  comply.  (Sec,  929.) 


[Employes  shall  not  loiter.]  Each  employe 
of  a  mine  shall  go  to  and  from  his  place  of  duty 
by  the  traveling  ways  provided;  shall  not  travel 
around  the  mine,  or  the  buildings,  tracks  or  ma- 
chinery connected  therewith,  where  duty  does 
not  require,  and  when  not  on  duty,  shall  not 
loiter  at,  in,  or  around  the  mine,  the  buildings, 
tracks  or  machinery  connected  therewith. 

[Intoxicants.]  No  person  shall  go  into,  at,  or 
around  a  mine,  or  the  buildings,  tracks  or  ma- 
chinery connected  therewith,  while  under  the  in- 
fluence of  intoxicants.  No  person  shall  use,  carry, 
or  have  in  his  possession,  at,  in.  or  around  a 
mine,  or  the  buildings,  tracks  or  machinery  con- 
nected therewith,  any  intoxicants. 

[Must  not  go  beyond  danger  signal.]  No  per 
son  other  than  the  fire-boss  shall  remove  or  go 
beyond  any  caution  board  or  danger  signal  placed 
at  the  entrance  to  any  working  place,  or  to  the 
entrance  to  any  old  workings  in  a  mine. 

Sec.  960.  [Intent  to  defraud.]  Xo  person 
shall  erase  or  change  a  mark  of  reference  or 
monument  made  in  connection  with  measure- 
ments; change  the  checks  on  cars;  wrongfully 
check  a  car,  or  do  any  act  with  intent  to  de- 
fraud. 

[Fire  must  not  be  taken  into  stable.]  Xo 
person  shall  take  a  lighted  pipe,  or  other  thing 
containing  fire,  except  lanterns  as  provided  for, 
into  any  stable  or  barn.  (Sec.  945-955.) 


89 


[Must  not  obstruct  airway.]  No  person  shall 
place  refuse  in,  or  obstruct  any  airway  or  break- 
through used  as  an  airway. 

[Injuries  to  mine  by  workmen  and  others.] 
No  workman,  or  other  person,  shall  knowingly 
injure  a  water  gauge,  barometer,  air-course,  brat- 
tice, equipment,  machinery,  or  live  stock;  ob- 
struct or  throw  open  an  airway;  handle  or  dis- 
turb any  part  of  the  machinery  of  the  hoisting 
engine  of  a  mine;  open  a  door  of  a  mine  and 
neglect  to  close  it;  endanger  the  mine  or  those 
working  therein;  disobey  an  order  given  in  pur- 
suance of  law,  or  do  a  willful  act  whereby  the 
lives  and  health  of  persons  working  therein,  or 
the  security  of  a  mine,  or  the  machinery  con- 
nected therewith  may  be  endangered.  (Penalty, 
Sec.  976.) 

Sec.  961.  [Persons  not  permitted  to  ride  on 
haulage  trips.]  No  person  or  persons  except 
those  in  charge  of  trips,  superintendents,  mine- 
foremen,  electricians,  machinists  and  blacksmiths, 
when  required  by  their  duty,  shall  ride  on  haulage 
trips,  except  where  by  mutual  agreement  in  writ- 
ing, between  the  owner,  lessee  or  agent,  and  the 
employes,  a  special  trip  of  empty  cars  is  run  for 
the  purpose  of  taking  employes  into  and  out  of 
the  mine,  or  empty  cars  are  attached  to  loaded 
trips,  which  shall  not  be  run  at  a  speed  exceed- 
ing eight  miles  per  hour.  No  person  except  a 
trip  rider  shall  ride  on  loaded  car  or  cars,  and 
he  shall  ride  only  the  front  or  rear  end  of  the 
trip.  (Sec.  958.) 


90 


[Size  of  lamps  for  open  lights.]  No  person, 
except  as  hereinafter  provided  for,  shall  use  in 
any  coal  mine,  any  oil  lamp  for  the  purpose  of 
maintaining  an  open  light,  more  than  two  and 
one-half  inches  in  height,  with  spout  not  more 
than  three  inches  long,  with  opening  not  more 
than  three-eighths  inch  in  diameter;  provided, 
however,  that  mine-foreman,  electricians,  ma- 
chinists, motormen,  trip-riders,  drivers,  and  other 
persons  whose  duties  require  them  to  ride  on 
moving  trips,  work  in  main  air  current,  or  travel 
frequently  from  place  to  place,  may  use  lamps 
not  exceeding  three  and  one-half  inches  in  height, 
with  spout  not  more  than  four  and  one-half  inches 
long,  with  opening  not  more  than  five-eighths  of 
an  .inch  in  diameter.  (Sec.  943;  Penalty,  Sec. 
976.) 

Sec.  962.  [Handling  and  storing  of  explo- 
sives.] No  workman  shall  have  at  any  one  time 
more  than  one  twenty-five  pound  keg  of  blasting 
powder  in  the  mine,  nor  more  than  three  pounds 
of  high  explosives,  and  no  person  shall  keep 
blasting  powder  or  explosives  dangerously  near 
the  electric  wire  or  power  cable  in  any  part  of 
the  mine  where  electric  wires  are  in  use.  No 
blasting  powder,  or  other  explosive,  shall  be 
stored  in  any  mine  except  as  above  provided. 

[Explosives  kept  in  boxes.]  Every  person 
who  has  powder  or  other  explosives  in  a  mine 
shall  keep  same  in  a  wooden  box,  or  boxes,  se- 
curely locked,  and  said  boxes  shall  be  kept  at 
least  five  feet  from  the  track,  and  no  two  powder 


91 


boxes  shall  be  kept  within  twenty-five  feet  of 
each  other,  nor  shall  blasting  powder  and  high 
explosives  be  kept  in  the  same  box,  and  in  no 
case  shall  detonating  caps  be  kept  in  a  box  with 
blasting  powder  or  high  explosives. 

[Fire  must  be  kept  from  explosives.]  When- 
ever a  workman  is  about  to  open  a  box,  package 
or  keg  containing  powder  or  other  explosives, 
and  while  handling  the  same,  he  shall  place  and 
keep  his  lamp  at  least  five  feet  distant  from  said 
explosive,  and  in  such  position  that  the  air  cur- 
rent cannot  convey  sparks  to  it;  and  no  person 
shall  approach  nearer  than  five  feet  to  any  open 
box,  keg  or  package  containing  powder  or  other 
explosives,  or  within  five  feet  of  another  person 
handling  such  explosives,  with  a  lighted  lamp, 
lighted  pipe,  or  other  thing  containing  fire. 

[Conveying  of  explosives.]  Blasting  powder 
or  explosives  must  not  be  taken  into  or  out  of 
a  mine,  or  moved  from  place  to  place  in  a  mine 
along  any  entry  or  haulway  where  there  are 
electric  wires,  while  the  power  is  on  such  wires, 
except  when  such  powder  or  explosive  is  con- 
veyed in  insulated  cars  or  packages. 

[Explosives  and  tools  on  cages  or  stairways.] 
Powder,  explosives  and  working  tools  shall  not  be 
taken  down  or  up  a  hoisting  shaft  in  a  cage 
when  men  are  going  down  or  up;  nor  shall  they 
be  taken  down  or  up  a  stairway  used  for  ingress 
and  egress  of  persons.  (Sec.  956,  963;  Penalty, 
Sec.  976.) 


92 


Sec.  963.  [Squibs  and  fuses;  missed  shots.] 
Any  workman  who  is  about  to  fire  a  shot  with  a 
squib,  shall  not  shorten  the  fuse,  saturate  it 
with  oil,  nor  ignite  it  except  at  the  extreme  end; 
he  shall  see  that  all  persons  are  out  of  danger 
from  the  probable  effects  of  such  shot,  and  if 
it  be  a  rib  shot,  he  shall  notify  the  person  or 
persons  working  next  to  him  on  said  rib  before 
firing  said  shot,  and  shall  take  measures  to  pre- 
vent any  one  approaching  by  shouting  "fire"  im- 
mediately before  lighting  the  fuse. 

When  a  squib  is  used  and  a  shot  misses 
fire,  no  person  shall  return  until  five  minutes 
shall  have  elapsed. 

When  a  fuse  is  used  and  a  shot  misses  fire, 
no  person  shall  return  until  one  hour  for  each 
foot  of  fuse  used  shall  have  elapsed. 

The  needle  used  in  preparing  a  blast  shall 
be  made  of  copper,  and  the  tamping  bar  shall 
be  made  of  wood,  or  shall  be  tipped  with  at  least 
five  inches  of  so^d  copper. 

No  inflammable  material,  or  any  material  that 
may  create  a  spark,  shall  be  used  for  tamping, 
and  some  soft  material  must  always  be  placed 
next  to  the  cartridge  or  explosive.  When  it  ^s 
necessary  to  tamp  dynamite,  nothing  but  a 
wooden  tamper  shall  be  used.  (Sec.  956.  962; 
Penalty,  Sec.  976.) 


Relating  to  Persons  not  Employes. 

93 


DELATING    TO    PERSONS    NOT    EMPLOYES. 

Sec.  964.  [Persons  not  employes  of  a  mine.] 
Persons  not  employes  of  a  mine,  except  those 
permitted  by  law,  shall  not  enter  such  mine  or 
go  upon  the  property  connected  therewith,  un- 
less consent  of  the  owner,  lessee  or  agent  has 
been  secured,  and  then  only  when  accompanied 
by  a  guide  furnished  by  such  owner,  lessee  or 
agent.  This,  however,  shall  not  prohibit  persons 
seeking  employment  at  such  mine,  or  the  duly 
authorized  representatives  of  the  employes,  from 
entering  upon  the  property  as  may  be  necessary 
to  make  such  application  to  the  proper  authority 
or  to  transact  business,  provided  such  persons 
do  not  enter  the  mine  until  given  permission  to 
do  so,  and  do  not  stand  on  the  tracks,  go  near 
the  machinery,  or  other  place  of  danger.  (Pen- 
alty, Sec.  976.) 


95 


General    Provisions. 


GENERAL    PROVISIONS. 

Sec.  965.  [Qualifications  of  miner.]  Each 
person  desiring  to  work  by  himself  at  mining 
or  loading,  shall  first  produce  satisfactory  evi- 
dence, in  writing,  to  the  mine-foreman  of  the 
mine  in  which  he  is  employed,  or  to  be  employed, 
that  tie  has  worked  at  least  nine  months  with, 
under  the  direction  of,  or  as  a  practical  miner; 
provided,  however,  if  the  mine  in  which  such 
person  is  to  be  employed  generates  explosive 
gas,  or  fire-damp,  he  shall  have  worked  not  less 
than  twelve  months  with,  under  the  direction 
of,  or  as  a  practical  miner.  Except  as  herein- 
after provided,  until  a  person  has  so  satisfied  the 
mine-foreman  of  his  competency,  he  shall  not 
work,  or  be  permitted  to  work  at  mining  or  load- 
ing unless  accompanied  by  a  competent  miner. 

[Inexperienced  miner.]  The  provisions  of 
this  section  shall  not  prohibit  a  person  not  so 
qualified  from  working  in  a  mine  by  himself,  or 
with  another  inexperienced  person,  when  such 
person  or  persons  work  under  the  direction  of  a 
competent  overseer,  as  hereinafter  prescribed. 
Until  such  person  or  persons  have  been  employed 
in  a  mine  for  a  period  of  not  less  than  three 
months,  the  over-seer  shall  visit  the  working 
place  of  such  persons  not  less  frequently  than 
once  in  each  four  hours  that  such  persons  are 
in  the  mine,  and  instruct  them  as  to  their  work 
and  safety,  and  assist  them  in  caring  for  their 
99 


100 

safety.  After  such  persons  have  been  employed 
in  a  mine  for  a  period  of  three  months,  and 
until  they  have  been  employed  not  less  than  six 
months,  the  over-seer  shall  examine  the  work- 
ing place  not  less  frequently  than  once  during 
each  six  hours  that  such  persons  are  in  the  mine, 
and  shall  instruct  them  as  to  their  work  and 
safety,  and  assist  them  in  caring  for  their  safety. 
After  such  persons  have  been  employed*  in  a 
mine  for  a  period  of  not  less  than  six  months, 
the  over-seer  shall  examine  the  working  place 
not  less  than  once  each  day  until  such  persons 
become  qualified  by  having  worked  the  period  of 
time  hereinbefore  provided.  The  over-seer  shall 
instruct  such  persons  not  to  handle  or  use  any 
explosives,  except  in  his  presence,  until  they  have 
been  employed  in  a  mine  not  less  than  three- 
months,  and  not  then  until  he  is  satisfied  that 
such  persons  are  fully  competent  to  handle  and 
use  same  with  safety.  The  over-seer  shall  visit 
the  working  place  of  such  persons  oftener  than 
required  herein,  when,  in  his  judgment,  it  Js 
necessary  to  do  so  for  the  proper  safety  of  such 
persons.  (Sec.  954;  Penalty,  Sec.  976.) 

Sec.  966.  [Oath  and  bond  of  weigh-master.] 
Any  person  employed  to  weigh  coal  at  a  mine 
in  which  ten  or  more  miners  are  employed,  and 
upon  the  weight  of  which  the  earnings  of  the 
miners  depend,  shall  take  pnd  subscribe  to  an 
oath  before  an  officer  authorized  to  administer  the 
same,  that  he  will  correctly  woierh  all  coal  taken 
from  such  mine  under  existing  contracts  between 
the  owner,  lessee  or  agent,  and  the  miners,  and 


161 


give  due  credit  for  same;  and  when  required  by 
existing  contracts  between  the  lessor  and  lessee, 
he  shall  give  due  credit  to  such  lessor.  He  shall 
also  give  a  bond  in  the  sum  of  three  hundred 
dollars,  with  two  sureties  approved  by  the  clerk 
of  the  township  in  which  such  mine  is  situated, 
conditioned  for  the  faithful  discharge  of  his 
duties,  and  payable  to  the  state,  with  the  oath 
indorsed  thereon,  which  shall  be  deposited  with 
such  township  clerk.  (Penalty,  Sec.  976.) 

Sec.  967.  [Examination  of  machinery,  ven- 
tilating current,  etc.,  by  miner  or  owner.]  The 
miners  employed  in  a  mine  may  appoint  two  of 
their  number  to  act  as  a  committee  to  inspect, 
not  oftener  than  once  in  every  month,  the  mine 
and  the  machinery  connected  therewith,  and  to 
measure  the  ventilating  current.  If  the  owner, 
lessee  or  agent  so  desires,  he  may  accompany 
such  committee  or  appoint  two  or  more  persons 
for  that  purpose.  The  owner,  lessee  or  agent 
shall  afford  every  necessary  facility  for  making 
such  inspection  and  measurement,  but  the  com- 
mittee shall  not  in  any  way  interrupt  or  impede 
the  work  in  the  mine  at  the  time  of  such  inspec- 
tion and  measurement.  Within  ten  days  after 
the  inspection  and  measurement,  such  committee 
shall  make  a  correct  report  thereof  to  the  chief 
inspector  of  mines,  on  blanks  furnished  by  him. 
(Sec.  906;  Penalty,  Sec.  976.) 

Sec.  968.  [Appropriation  of  land  for  mines, 
how  made.]  The  owner,  lessee  or  agent  of  a  coal 
mine,  may,  when  such  owner,  lessee  or  agent 


102 


does  not  own  or  control  suitable  surface  ground 
for  openings  for  the  ingress  and  egress  of  per- 
sons employed  therein,  for  the  means  of  ventila- 
tion as  provided  for  in  this  act,  for  the  means 
of  draining  said  mine  as  may  best  protect  the 
lives  and  health  of  the  persons  employed  therein, 
for  the  protection  of  the  employes  and  property, 
for  conducting  the  water  from  the  mine  to  any 
natural  water  course,  or  for  a  suitable  road- 
way from,  any  opening  to  a  public  highway,  ap- 
propriate as  hereinafter  provided,  for  any  one  or 
more  of  such  purposes  any  required  intervening 
or  adjoining  lands,  and  make  openings,  lay  pipe 
for  conducting  water,  and  maintain  roadways  into, 
upon,  over,  under  or  through  same,  provided  that 
no  land  shall  be  appropriated  for  a  roadway  more 
than  twenty  feet  in  width,  and  no  land  for  any 
other  one  of  such  purposes  in  excess  of  one- 
quarter  of  an  acre.  Such  owner,  lessee  or  agent, 
whether  a  corporation,  firm  or  individual,  shall 
be  governed  in  proceedings  to  appropriate  such 
land  by  the  laws  relating  to  the  appropriation 
of  private  property  by  corporations;  but  no  land 
shall  be  so  appropriated  unless  the  court  is  satis- 
fied that  suitable  land  cannot  be  obtained  upon 
reasonable  terms. 

Sec.  969.  [Examination  and  survey  of  mine 
by  owner  of  land  adjoining.]  Each  person  own- 
ing land  adjoining  a  mine  worked  for  the  pro- 
duction of  coal,  and  each  person  interested  in 
such  mine,  who  has  reason  to  believe  that  the 
protection  of  his  interests  therein  or  in  the  coal 
on  his  adjoining  land  requires  it.  upon  making 


103 


affidavit  to  that  effect  before  a  justice  of  the 
peace  or  other  proper  officer,  may  enter  such 
mine  and  have  an  examination  or  survey  of  it 
made,  after  giving  three  days'  notice,  in  writing, 
to  the  owner,  lessee  or  agent  of  such  mine.  Such 
examination  shall  be  made  at  such  time,  and 
in  such  manner,  as  will  least  interfere  with 
the  working  of  the  mine. 

[Transportation  of  surveying  party.]  When 
the  affidavit  has  been  made,  and  notice  given,  as 
provided  in  the  foregoing,  upon  the  application 
of  the  person  giving  the  notice,  the  person  in 
charge  of  such  mine  shall  transport,  by  the  or- 
dinary method  for  entrance  and  exit  in  use  at 
such  mine,  a  surveying  party  of  not  more  than 
three  persons,  furnish  them  a  competent  guide, 
and  supply  them  with  necessary  and  proper 
lamps.  The  person  in  charge  of  the  mine  shall 
be  paid  by  the  person  requesting  the  survey, 
fifty  cents  for  each  person  so  transported,  and 
five  dollars  per  day  for  the  guide;  but,  if  the 
shaft,  (if  such  mine  be  a  shaft  mine),  exceed 
two  hundred  and  fifty  feet  in  depth,  he  shall  be 
paid  one  dollar  for  each  person  so  transported. 

[Liability  for  damages  caused  by  examina- 
tion.] If  the  owner  or  lessee  of  such  mine  sus- 
tain damage  for  which  compensation  should  be 
made  because  such  examination  or  survey  was 
made  at  unreasonable  times,  or  in  an  improper  or 
unwarrantable  manner,  the  person  making  such 
examination  or  survey,  or  causing  it  to  be  made, 
shall  be  liable  therefor  to  such  owner  or  lessee. 


104 

[Forfeiture.]  The  persons  owning  or  operat- 
ing a  mine  shall  not  hinder  or  obstruct  sirch 
examination  or  survey,  if  made  at  a  reasonable 
time,  and  in  a  reasonable  manner,  and  as  pro- 
vided by  law. 

[To  whom  provisions  concerning  examination 
and  survey  available.]  The  preceding  provisions 
for  examination  and  survey  shall  be  available  to 
any  person,  who,  on  his  oath,  states  that  he  is 
the  owner,  or  authorized  agent  of  an  owner,  of 
land  which  he  believes  contains  coal  or  com- 
mercial products  adjacent  to  the  underground 
workings  of  a  mine,  although  it  does  not  adjoin 
the  property  of  such  mine. 

[Action  for  refusal  to  permit  examination.] 
Upon  the  refusal  of  the  owner,  lessee  or  agent  t<f 
a  mine  to  comply  with  the  provisions  of  this  sec- 
tion, the  person  who  makes  the  application  for 
the  survey  may  recover  judgment  as  upon  de- 
fault, in  a  court  of  competent  jurisdiction,  against 
the  owner,  lessee  or  agent,  in  such  sum  as  he 
declares  under  oath  that  he  believes  to  be  justly 
due  him  for  coal  belonging  to  him  taken  by  the 
owner,  lessee  or  agent  of  the  mine  without  his 
permission,  and  the  statute  of  limitations  shall 
not  run  against  such  claim,  but  the  demand,  and 
refusal  of  permission  to  enter  such  mine,  must  be 
first  proven  to  the  satisfaction  of  the  court  or 
jury. 

Sec.  970.  [Checkweighman  for  miners.]  The 
miners  employed  at  a  mine  where  the  earnings 
of  such  miners  depend  upon  the  weight  of  coal 


log 

mined,  may,  at  their  own  cost,  designate  or  ap- 
point a  competent  person  as  checkweighman. 
who,  at  all  proper  times,  shall  have  full  right 
of  access  to  and  examination  of  the  scales,  ma- 
chinery or  apparatus  used  at  such  mine  to  de- 
termine the  correct  weight  of  coal  mined,  and 
whose  duty  shall  be  to  see  the  coal  weighed  and 
to  make  a  correct  record  of  such  weights.  Not 
more  than  one  person,  however,  on  behalf  of 
the  miners  collectively  shall  have  such  right  at 
the  same  time. 

[Checkweighman  for  landowners.]  The  land- 
owners, or  other  persons  interested  in  the  rental 
or  royalty  at  such  mine,  may,  at  their  own  cost, 
designate  or  appoint  a  competent  person  to  act 
as  checkweighman  for  them,  who-  shall  have  the 
same  rights  as  the  checkweighman  for  the  miners. 
Not  more  than  one  person,  however,  on  behalf  of 
the  landowners,  or  other  persons  interested  in 
the  rental  or  royalty,  jointly,  shall  have  such 
right  at  the  same  time.  Checkweighmen  shall 
not  interfere  with  the  use  of  or  tamper  with  such 
scales,  machinery  or  apparatus,  nor  make  any 
false  entry  of  any  weight,  or  in  any  manner  ex- 
ceed the  duties  prescribed  herein. 

[Check-measurer.]  The  miners  employed  at 
a  mine  where  the  earnings  of  such  miners  de- 
pend upon  measurements,  may,  at  their  own  cost, 
designate  or  employ,  not  more  than  one  of  their 
number  as  check-measurer  to  accompany  each 
mine-foreman  or  other  person  making  the  meas- 
urements and  see  them  make  such  measurements, 


106 

and  make  a  correct  record  of  same.  Each  mine- 
foreman  or  other  person  making  measurements 
may  have  a  helper,  but  such  helper  shall  not  be 
regarded  as  a  person  making  measurements.  The 
person  or  persons  designated  as  check-measurer 
shall  not  in  any  manner  interfere  with  or  in- 
terrupt the  work  of  the  mine-foreman,  or  other 
person,  while  making  such  measurements.  (Pen- 
alty, Sec.  976.) 

Sec.  971.  [Crossing  public  highway.]  Any 
person,  firm  or  corporation  now  or  hereafter 
owning  any  land  containing  mineral,  coal,  stone 
or  clay,  and  over  any  portion  of  which  shall 
pass  any  state,  county  or  township  road  or  pub- 
lic highway,  shall  have  the  right  and  are  hereby 
authorized  to  drill,  excavate,  mine  or  quarry 
through  or  under  any  such  road:  provided,  how- 
ever, that  when  any  excavation  is  to  be  made 
in  such  manner  that  the  top  or  highest  level  of 
such  excavation  will  be  extended  within  thirty 
feet  vertical  distance  of  such  road,  then  and  in 
that  case  before  said  work  shall  be  commenced, 
such  person,  firm  or  corporation  shall  execute 
and  deliver  to  the  board  of  county  commissioners 
in  case  of  state  or  county  roads,  or  to  the  town- 
ship trustee  in  case  of  towriship  roads,  a  bond, 
with  good  and  sufficient  surety  in  such  amount 
as  shall  be  considered  by  said  commission  or 
trustees  sufficient  to  cover  any  damages  that 
may  accrue  by  reason  of  excavating,  mining  or 
quarrying  through  or  under  any  such  road,  the 
same  to  be  approved  by  said  commissioners  or 
trustees;  conditioned  that  while  crossing  over 


lot 


or  mining  or  quarrying  under  any  such  road,  a 
safe  and  unobstructed  passageway  or  road  shall 
be  kept  open  by  such  person,  firm  or  corpora- 
tion for  public  use,  and  as  soon  as  practicable 
such  road  shall  be  fully  restored  to  its  original 
safe  and  passable  condition.  When  svrch  crossing 
is  made  by  excavation  at  a  depth  of  more  than 
thirty  feet  below  the  surface  of  such  road,  the 
person,  firm  or  corporation  making  same  shall 
be  liable  to  the  county  commissioners  or  town- 
ship trustees  for  any  damage  that  may  accrue  by 
reason  of  such  excavation,  and  shall  be  held  to 
fully  repair  any  such  damage  and  to  restore  such 
road  to  its  original  safe  and  passable  condition. 
The  right  to  mine  or  quarry  across  or  under 
public  highways  as  hereinbefore  provided  shall 
accrue  to  the  owner,  lessee  or  agent  of  the  land 
Fpon  or  through  which  such  highway  passes. 
(Penalty,  Sec.  976.) 

Sec.  972.  [Right  of  action  in  case  of  acci- 
dent.] In  case  of  an  injury  to  persons  or  prop- 
erty, occasioned  by  a  violation  of  any  of  the 
provisions  of  this  act,  or  any  willful  failure  to 
comply  with  any  provision  of  this  act  by  any 
owner,  lessee  or  agent  of  a  mine,  a  right  of 
action  shall  accrue  to  the  person  injured,  for 
any  direct  damage  he  may  have  sustained  there- 
by. In  case  of  loss  of  life,  by  reason  of  such 
willful  neglect  or  failure,  a  right  of  action  shall 
accrue  to  the  widow  and  lineal  heirs  of  the  person 
whose  life  has  been  lost,  for  like  recovery  of 
damages  for  the  injury  they  shall  have  sus- 
tained. 


10S 

[Lien  on  property  for  labor.]  Each  person 
who  performs  labor  in  opening  or  developing  any 
coal  mine,  mining  coal,  and  labor  connected  there- 
with, shall  have  a  lien  upon  all  the  property  of 
the  person,  firm  or  corporation  owning,  construct- 
ing or  operating  such  mine,  for  the  value  of 
such  labor  for  the  full  amount  thereof,  upon 
the  same  terms,  with  the  same  rights,  and  to 
be  secured  and  enforced  as  mechanics  liens  are 
secured  and  enforced. 


Relating  to  Oil  and  Gas  Wells  Through 
Coal  Measures. 

109 


RELATING  TO   OIL   AND   GAS    WELLS 
THROUGH   COAL  MEASURES. 

Sec.  973.  [Persons  drilling  oil  and  gas  wells 
through  coal  measures  shall  observe  the  follow- 
ing.] Any  person,  firm  or  corporation  who  drills 
or  causes  to  be  drilled  through  any  workable 
seam  of  coal,  any  oil  or  gas  well,  and  any  per- 
son, firm  or  corporation  who  operates  any  oil  or 
gas  well  which  has  been  drilled  through  any 
workable  seam  of  coal,  shall  observe  the  fol- 
lowing: 

[Shall  give  notice  to  and  procure  permission 
of  chief  inspector.]  Any  person,  firm  or  corpora- 
tion intending  to  drill  an  oil  or  gas  well  where 
same  is  likely  to  penetrate  a  workable  seam  of 
coal,  shall  give  notice,  in  writing,  of  such  inten- 
tion to  the  chief  inspector  of  mines,  stating  the 
location  of  the  land  upon  which  such  well  is  to 
be  drilled,  and  procure  from  him  before  proceed- 
ing to  drill,  permission  in  writing. 

[Notice  from  owner  or  lessee  shall  be  suf- 
ficient.] Written  notice  from  the  owner,  lessee 
or  agent  of  the  seam  of  coal,  setting  up  the  facts 
that  the  oil  or  gas  well  to  be  drilled,  will,  or 
that  the  well  already  drilled  has  penetrated  a 
workable  seam  of  coal,  shall  be  sufficient  notice 
to  the  person,  firm  or  corporation  intending  to 
drill  or  having  drilled  such  well,  that  such  well 
will  or  has  penetrated  a  workable  seam. 
Ill 


112 

[Owner  of  well  shall  make  and  file  map.] 
The  person,  firm  or  corporation  drilling  or  operat- 
ing an  oil  or  gas  well,  shall  make  or  cause  to 
be  made  a  map  showing  the  location  of  such 
well  and  the  surface  upon  which  located,  and 
for  a  distance  of  five  hundred  feet  contiguous 
thereto.  Such  map  shall  bear  the  sworn  cer- 
tificate of  the  engineer,  and  shall  be  filed  with 
the  chief  inspector  of  mines  within  ten  days 
from  the  time  the  drilling  of  such  well  is  com- 
menced; provided,  however,  that  wells  previously 
drilled  and  in  operation  upon  the  passage  and 
approval  of  this  act,  such  map  shall  be  filed 
within  thirty  days,  and  such  map  shall  show  the 
location  of  each  oil  or  gas  well,  building  and 
mine  opening  within  the  limits  of  such  map. 

[Well  shall  not  be  near  mine  opening.]  No 
oil  or  gas  well  shall  be  drilled  hereafter  nearer 
than  one  hundred  feet  to  any  opening  to  a  mine 
used  as  a  means  of  ingress  or  egress  for  the 
persons  employed  therein,  nor  nearer  than  one 
hundred  feet  to  any  building  or  inflammable 
structure  connected  therewith.  No  oil  or  gas 
well  shall  be  drilled  through  the  underground 
workings  of  an  operating  coal  mine  at  any  point 
which  would  interrupt  the  operations  of  such 
mine,  or  endanger  the  safety  of  the  persons  em- 
ployed therein. 

[Well  shall  be  cased.]  Each  well  shall  be 
cased  with  wrought  iron  casing,  securely  con- 
nected together  by  means  of  substantial  wrought 
iron  collars  of  approximately  the  same  outside 


113 


diameter  as  the  diameter  of  the  drill  hole,  from 
a  point  fifty  feet  below  the  lowest  workable  seam 
of  coal  to  the  surface. 

[Casing  shall  be  left  in  abandoned  well.] 
When  any  oil  or  gas  well  which  has  been  drilled 
through  a  workable  seam  of  coal  be  abandoned, 
the  wrought  iron  casing,  as  herein  provided  for, 
shall  be  left  in  such  well  from  a  point  fifty  feet 
below  the  lowest  workable  seam  of  coal  to  the 
surface,  and  such  casing  shall  be  extended  not 
less  than  ten  feet  above  the  surface  and  protected 
from  danger  of  being  filled  by  refuse  by  means 
of  a  cast-iron  elbow,  securely  fastened  to  the  top 
of  such  casing,  and  the  horizontal  opening  se- 
curely fitted  with  a  substantial  perforated  metal 
cap,  or  plug,  with  perforations  sufficient  to  per- 
mit the  ready  escape  of  gas  into  the  atmosphere; 
provided,  however,  if  the  well  to  be  abandoned 
was  drilled  prior  to  the  passage  of  this  act,  has 
penetrated  a  workable  seam  of  coal,  and  the  well 
has  not  been  cased  as  provided  herein,  such  cas- 
ing shall  be  put  in  before  abandonment. 

[Notice  of  abandonment  shall  be  given  to 
chief  inspector.]  When  any  oil  or  gas  well  ts 
abandoned,  the  person,  firm  or  corporation  hav- 
ing drilled  or  operated  such  well,  shall  certify, 
in  writing,  under  oath,  to  the  chief  inspector  of 
mines,  such  fact.  (Sec.  914;  Penalty,  Sec.  976.) 


Relating    to    Illuminating    Oil    for 
Mines. 

115 


.RELATING  TO    ILLUMINATING  OIL   FOR 
MINES. 

Sec.  974.  [Composition  of  illuminating  oil 
for  use  in  mines.]  No  person,  firm  or  corpora- 
tion shall  compound,  sell  or  offer  for  sale  for 
illuminating  purposes  in  any  coal  mine,  any  oil 
other  than  oil  composed  of  not  less  than  eighty- 
four  per  cent,  of  pure  animal  or  vegetable  oil,  or 
both,  and  not  more  than  sixteen  per  cent,  pure 
mineral  oil.  The  gravity  of  surch  animal  or 
vegetable  oil  shall  not  be  less  than  twenty-one 
and  one-half,  and  not  more  than  twenty-two  and 
one-half  degrees  Baume  scale,  measured  by 
Tagliabue  or  other  standard  hydrometer,  at  a 
temperature  of  sixty  degrees  Fahrenheit;  the 
gravity  of  such  mineral  oil  shall  not  be  less 
than  thirty-four,  and  not  more  than  thirty-six 
degrees  Baume  scale,  measured  by  Tagliabue  or 
other  standard  hydrometer,  at  a  temperature  of 
sixty  degrees  Fahrenheit,  and  the  gravity  of  the 
mixture  shall  not  exceed  twenty-four  degrees 
Baume  scale,  measured  by  Tagliabue  or  other 
standard  hydrometer  at  a  temperature  of  sixty 
degrees  Fahrenheit. 

[Persons  compounding  oil  must  label  con- 
tainers.] Each  person,  firm  or  corporation  com- 
pounding oil  for  illuminating  purposes  in  a  coal 
mine,  or  mines,  shall,  before  shipment  thereof 
is  made,  securely  brand,  stencil  or  paste  upon 
the  head  of  each  barrel  or  package,  a  label  which 
117 


118 


shall  have  plainly  printed,  marked  or  written 
thereon,  the  name  and  address  of  the  person, 
firm  or  corporation  compounding  the  oil  therein 
contained,  the  name  and  address  of  the  person, 
firm  or  corporation  having  purchased  same,  the 
date  of  shipment,  the  percentage  and  the  gravity 
in  degrees  Baume  scale,  at  a  temperature  of 
sixty  degrees  Fahrenheit,  of  each  of  the  com- 
ponent parts  of  animal,  vegetable  and  mineral  oil 
contained  in  the  mixture,  and  the  gravity  in  de- 
grees Baume  scale  at  a  temperature  of  sixty 
degrees  Fahrenheit  of  the  mixture. 

[Such  label  shall  have  certificate.]  Each 
label  shall  have  printed  thereon,  over  the  fac 
simile  signature  of  the  person,  firm  or  corpora- 
tion having  compounded  the  oil,  the  following: 
"This  package  contains  oil  for  illuminating  pur- 
poses in  coal  mines  in  the  state  of  Ohio,  and  the 
composition  thereof  as  shown  hereon  is  correct." 
(Sec.  944,  975;  Penalty,  Sec.  976.) 

Sec.  975.  [No  oil  for  illuminating  purposes 
in  mines  shall  be  sold  except  oil  prescribed  in 
this  act.]  No  person,  firm  or  corporation  shall 
sell  or  offer  for  sale,  any  oil  for  illuminating 
purposes  in  any  coal  mine  unless  the  barrel  or 
package  in  which  such  oil  was  received  bears 
the  label  of  the  compounder  as  provided  for  in 
this  act.  Each  person,  firm  or  corporation  sell- 
ing or  offering  for  sale  any  oif  for  illuminating 
purposes  in  any  coal  mine,  shall,  upon  request  of 
any  district  inspector  of  mines,  or  of  any  officer 
or  duly  authorized  agent  of  any  owner  or  lessee 


119 


of  a  coal  mine  located  within  two  miles  of  the 
point  where  such  oil  is  offered  for  sale,  submit 
such  oil  and  the  original  containers  for  examina- 
tion, and  upon  request,  give  a  sample  of  such  oil 
from  one  or  more  original  containers  selected 
by  such  inspector,  officer  or  agent,  for  the  pur- 
pose of  making  a  test  thereof. 

[Adulteration  of  illuminating  oil  forbidden.] 
No  person  shall  adulterate  any  oil  either  before 
or  after  taking  same  from  the  original  containers, 
and  shall  not  alter,  transfer,  or  re-use  any  label 
p'aced  upon  any  container. 

[Persons  forbidden  to  use  oil  other  than  pre- 
scribed in  this  act.]  No  person  shall  use  for  il- 
luminating purposes  in  any  coal  mine,  any  oil 
other  than  the  oil  specifically  provided  for  in 
this  act.  Each  person,  while  in  a  coal  mine, 
shall,  upon  request  of-  any  district  inspector  of 
mines,  or  any  officer  or  duly  authorized  agent 
of  the  owner  or  lessee,  submit  his  lamp  and  sup- 
ply of  oil  for  examination,  and  upon  request, 
give  sample  of  oil  for  purpose  of  making  test 
thereof,  and  state  from  whom  purchased. 

[Provisions  of  this  act  shall  apply  only  to 
oil  used  for  open  lights.]  The  provisions  of  this 
act  relating  to  the  compounding,  sale  and  use 
of  oil  for  illuminating  purposes  in  coal  mines, 
shall  apply  to -oil  used  in  lamps  for  open  lights. 
The  oil  used  in  safety  lamps  may  be  of  such 
composition  as  will  best  serve  the  purpose.  (Sec, 
944,  974;  Penalty,  Sec,  976.) 


Relating  to  Penalties. 

121 


RELATING   TO    PENALTIES. 

Sec.  976.  [County  Coroner.]  Any  county 
coroner  who,  after  receiving  notice  of  a  fatal 
accident,  or  of  an  accident  which  has  resulted 
in  the  death  of  a  person  at,  in,  or  around  a 
mine,  from  the  owner,  lessee  or  agent  of  such 
mine,  or  the  chief  inspector  of  mines,  willfully 
refuses  or  neglects  to  comply,  so  far  as  such 
provisions  relate  to  him,  with  the  provisions  of 
section  nine  hundred  and  twenty-one  of  the 
General  Code,  shall,  upon  conviction  thereof,  be 
fined  not  less  than  twenty-five  dollars  nor  more 
than  fifty  dollars,  at  the  discretion  of  the  court. 

[Owner,  lessee,  or  agent.]  Any  owner,  lessee 
or  agent  of  a  mine,  or  any  person,  firm  or  cor- 
poration opening  a  new  mine  having  written 
knowledge  of  a  violation  of  this  act,  who  will- 
fully refuses  or  neglects  to  comply  with  the  pro- 
visions of  section  nine  hundred  and  twenty-two, 
nine  hundred  and  twenty-three,  nine  hundred  and 
twenty-four,  nine  hundred  and  twenty-five,  nine 
hundred  and  twenty-six,  nine  hundred  and  twenty- 
seven,  nine  hundred  and  twenty-eight,  nine  hun- 
dred and  twenty-nine,  nine  hundred  and  thirty, 
nine  hundred  and  thirty-one,  nine  hundred  and 
thirty-two,  nine  hundred  and  thirty-three,  nine 
hundred  and  thirty-four,  nine  hundred  and  thirty- 
seven,  nine  hundred  and  thirty-eight,  nine  hun- 
dred and  thirty-nine,  nine  hundred  and  forty,  nine 
hundred  and  forty-one,  nine  hundred  and  forty- 
123 


124 


two,  nine  hundred  and  forty-three,  nine  hundred 
and  forty-four,  nine  hundred  and  forty-five,  nine 
hundred  and  forty-six,  nine  hundred  and  forty- 
seven,  nine  hundred  and  forty-eight,  nine  hun- 
dred and  forty-nine,  nine  hundred  and  fifty,  or 
nine  hundred  and  seventy-one  of  the  General 
Code,  shall,  upon  conviction  thereof,  be  fined  not 
less  than  twenty-five  dollars  nor  more  than  fifty 
dollars,  and  for  a  second  or  any  subsequent  of- 
fense shall  be  fined  not  less  than  fifty  dollars 
nor  more  than  one  hundred  dollars,  at  the  dis- 
cretion of  the  court. 

[Superintendent,  mine-foreman  or  over-seer.] 
Any  superintendent,  mine-foreman,  foreman  or 
over-seer,  who  willfully  refuses  or  neglects  to 
comply,  so  far  as  such  provisions  relate  to  each 
of  them,  with  the  provisions  of  section  nine  hun- 
dred and  fifty-one,  nine  hundred  and  fifty-two, 
nine  hundred  and  fifty-three  and  nine  hundred 
and  fifty-four  of  the  General  Code,  shall  upon 
conviction  thereof,  be  fined  not  less  than  ten 
dollars  nor  more  than  twenty-five  dollars,  and  for 
a  second  or  subsequent  offense,  shall  be  fined  not 
less  than  ten  dollars  nor  more  than  twenty-five 
dollars,  or  imprisoned  not  less  than  ten  days  nor 
more  than  twenty  days,  or  both,  at  the  discretion 
of  the  court. 

[Stableman;  fire-boss;  entering  mine  generat- 
ing fire-damp  before  reported  safe,  or  going  be 
yond  danger  signal.]  Any  person,  or  persons,  who 
willfully  refuses  or  neglects  to  comply  with  the 


125 

provisions  of  section  nine  hundred  and  fifty-five 
of  the  General  Code,  or  enters  a  mine  generating 
fire-damp  before  it  is  reported  by  the  fire-boss 
that  it  is  safe  for  persons  to  enter,  or  goes 
beyond  a  danger  signal  indicating  an  accumula- 
tion of  fire-damp,  as  forbidden  by  the  provisions 
of  section  nine  hundred  and  fifty-nine  of  the 
General  Code,  shall,  upon  conviction  thereof,  be 
fined  not  less  than  twenty-five  dollars  nor  more 
than  fifty  dollars,  and  for  a  second  or  any  sub- 
sequent offense  shall  be  fined  not  less  than 
twenty-five  dollars  nor  more  than  fifty  dollars, 
or  imprisoned  not  less  than  ten  days  nor  more 
than  twenty  days,  or  both,  at  the  discretion  of 
the  court. 

[Employes  of  mines.]  Any  person,  or  per- 
sons, who  violates  the  provisions  of  sections  nine 
hundred  and  fifty-six,  nine  hundred  and  fifty- 
seven,  nine  hundred  and  fifty-eight,  nine  hundred 
and  sixty,  nine  hundred  and  sixty-one  or  nine 
hundred  and  sixty-two  of  the  General  Code,  or 
violates  the  provisions  of  section  nine  hundred 
and  fifty-nine  of  the  General  Code  other  than  to 
enter  a  mine  generating  fire-damp  before  the 
lire-boss  reports  it  safe,  or  to  go  beyond  a  danger 
signal  indicating  an  accumulation  of  fire-damp, 
shall,  upon  conviction  thereof,  be  fined  not  less 
than  five  dollars  nor  more  than  ten  dollars,  and 
for  a  second  or  any  subsequent  offense  shall  be 
fined  not  less  than  five  dollars  nor  more  than 
ten  dollars,  or  imprisoned  not  less  than  five  days 
nor  more  than  ten  days,  or  both,  at  the  discretion 
of  the  court. 


_126 

[Persons  not  employes,  qualification  of 
miners,  check-weighman,  check-measurer.]  Any 
person  who  willfully  violates  the  provisions  of 
sections  nine  hundred  and  sixty-four,  nine  hun- 
dred and  sixty-five,  nine  hundred  and  sixty-six, 
nine  hundred  and  sixty-seven  or  nine  hundred 
and  seventy  of  the  General  Code,  or  violates  the 
provisions  of  section  nine  hundred  and  fifty-nine 
of  the  General  Code  relating  to  loitering  and  in- 
toxicants, at,  in  or  around  a  mine,  shall,  upon 
conviction  thereof,  be  fined  not  less  than  five 
dollars  nor  more  than  ten  dollars,  and  for  a 
second  or  any  subsequent  offense  shall  be  fined 
not  less  than  five  dollars  nor  more  than  ten  dol- 
lars, or  imprisoned  not  less  than  five  days  nor 
more  than  ten  days,  or  both,  at  the  discretion  of 
the  court. 

[Drilling  and  operating  oil  and  gas  wells.] 
Any  person,  firm  or  corporation  who  violates  or 
willfully  refuses  or  neglects  to  comply  with  the 
provisions  of  section  nine  hundred  and  seventy- 
three  of  the  General  Code,  shall  upon  conviction 
thereof,  be  fined  not  less  than  one  hundred  dol- 
lars and  not  more  than  five  hundred  dollars, 
and  for  a  second  or  any  subsequent  offense  shall 
be  fined  not  less  than  two  hundred  dollars  and 
not  more  than  one  thousand  dollars,  or  im- 
prisoned not  less  than  thirty  days  nor  more 
than  six  months,  at  the  discretion  of  the  court. 

[Compounding  oil  for  illuminating  purposes 
in  mines.]  Any  person,  firm  or  corporation  who 
compounds,  sells  or  offers  for  sale  to  dealers  any 


127 

oil  for  illuminating  purposes  in  any  mine  in  this 
state  contrary  to  the  provisions  of  sections  nine 
hundred  and  seventy-four  and  nine  hundred  and 
seventy-five  of  the  General  Code,  shall  upon  con- 
viction thereof,  be  fined  not  less  than  fifty  dol- 
lars nor  more  than  one  hundred  dollars,  and  for 
a  second  or  any  subsequent  offense  shall  be  fined 
not  less  than  one  hundred  dollars  nor  more  than 
two  hundred  dollars,  or  imprisoned  not  less  than 
thirty  days  nor  more  than  sixty  days,  or  both, 
at  the  discretion  of  the  court. 

[Sale  of  oil  for  illuminating  purposes  in 
mines.]  Any  person,  firm  or  corporation  who 
sells,  or  offers  for  sale  to  any  employe  of  a 
mine  for  illuminating  purposes  in  a  mine  con- 
trary to  the  provisions  of  sections  nine  hundred 
and  seventy-four  and  nine  hundred  and  seventy- 
five  of  the  General  Code,  shall  upon  conviction 
thereof,  be  fined  not  less  than  twenty-five  dol- 
lars nor  more  than  fifty  dollars,  and  for  a  second 
or  any  subsequent  offense  shall  be  fined  not 
less  than  twenty-five  dollars  nor  more  than  fifty 
dollars,  or  imprisoned  not  less  than  ten  days 
nor  more  than  twenty  days,  or  both,  at  the  dis- 
cretion of  the  court. 

[Using  oil  for  illuminating  purposes  in 
mines.]  Any  person  who  knowingly  uses  for  il- 
luminating purposes  in  a  mine,  any  oil  contrary 
to  the  provisions  of  sections  nine  hundred  and 
seventy-four  and  nine  hundred  and  seventy-five 
of  the  General  Code,  shall,  upon  conviction 
thereof,  be  fined  not  less  than  five  dollars  nor 


128 


more  than  ten  dollars,  and  for  a  second  or  any 
subsequent  offense  shall  be  fined  not  less  than 
five  dollars  nor  more  than  ten  dollars,  or  im- 
prisoned not  less  than  five  days  nor  more  than 
ten  days,  or  both,  at  the  discretion  of  the  court. 


Relating    to    Fines   Collected,    Prose- 
cutions,   When   Act  Shall   Take 
Effect,    and    Repeals. 

129 


RELATING    TO     FINES    COLLECTED,     PROSE- 
CUTIONS,  WHEN    ACT   SHALL   TAKE 
EFFECT,    AND    RE- 
PEALS. 

Sec.  977.  [Fines  collected.]  All  fines  col- 
lected by  reason  of  prosecutions  begun  under 
the  provisions  of  this  act,  shall  be  paid  to  the 
chief  inspector  of  mines,  and  by  him  paid  into 
the  state  treasury. 

Sec.  978.  [Prosecutions;  how  controlled.] 
Any  prosecutions  begun  under  the  provisions  of 
this  act  shall  be  controlled  by  sections  thirteen 
thousand  four  hundred  and  twenty-three  and 
thirteen  thousand  four  hundred  and  thirty-two  to 
thirteen  thousand  four  hundred  and  thirty-nine 
inclusive  of  the  General  Code. 

SECTION    2.      [Repeals.]  That    sections  898, 

899,    900,    901,    902,    903,    904,  905,    906,    907,  908, 

909,    910,    911,    912,    913,    914,  915,    916,    917,  918, 

919,    920,    921,    922,    923,    924,  925,    926,    927,  928, 

929,    930,    931,    932,    933,    934,  935,    936,    937,  938, 

939,    940,    941,    942,    943,    944,  945,    946,    947,  948, 

949,    950,    951,    952,    953,    954,  955,    956,    957,  958, 

959,    960,    961,    962,    963,    964,  965,    966,    967,  968, 

969,    970,    971,    972,    973,    974,  975,    976,    977,  978, 
of  the  General  Code  be  and  the  same  are  hereby 
131 


132 

repealed.     This  act  shall  take  effect  on  and  after 
sixty  days  after  its  passage   and  approval. 

GRANVILLE  W.  MOONEY, 
Speaker  of  the  House  of  Representatives. 

FRANCIS  W.  TREADWAY, 
President  of  the  Senate. 

Passed  April  5,  1910. 
Approved  April  11,  1910. 

JUDSON  HARMON,  Governor. 


Jurisdiction. 

133 


The  following  are  the  sections  of  the  General 
Code  referred  to  in  various  sections  of  the  min 
ing  law,  and  under  which  prosecutions  will  be 
made. 

JURISDICTION. 

Section  13423.  [Special  jurisdiction  of  jus- 
tices, police  judges  and  mayors.]  Justices  of  the 
peace,  police  judges  and  mayors  of  cities  and  vil- 
lages shall  have  jurisdiction,  within  their  re- 
spective counties,  in  all  cases  of  violation  of  any 
law  relating  to: 

1.  The  adulteration  or  deception  in  the  sale 
of   dairy   products   and   other   food,   drink,   drugs 
and  medicines; 

2.  The  prevention  of  cruelty  to  animals  and 
children; 

3.  The    abandonment,    non-support,     or    ill- 
treatment  of  a  child  by  its  parent; 

4.  The    abandonment    or    ill-treatment    of    a 
child  under  sixteen  years  of  age  by  its  guardian; 

5.  The  employment  of  a  child  under  fourteen 
years   of   age   in   public   exhibitions   or  vocations 
injurious  to  health,  life  or  morals,  or  which  cause 
or   permit   it   to   suffer   unnecessary    physical   or 
mental  pain; 

6.  The  regulation,  restriction  or  prohibition 
of  the  employment  of  minors; 

7.  The    torturing,   unlawfully    punishing,    ill- 
treating  or  depriving  any  one  of  necessary  food, 
clothing  or  shelter; 

135 


136 


8.  The  selling,  giving  away  or  furnishing  of 
intoxicating  liquor   as   a   beverage,   or  keeping  a 
place   where  such  liquor  is   sold,   given  away  or 
furnished,    in    violation    of    any    law    prohibiting 
such   acts    within   the   limits    of   a   township   and 
without  the  limits  of  a  municipal  corporation; 

9.  The    shipping,    selling,    using,    permitting 
the   use   of,    branding   or   having   unlawful    quan- 
tities of  illuminating  oil  for  or  in  a  mine; 

10.  The    sale,    shipment    or    adulteration    if 
commercial  feed  stuffs; 

11.  .  The  use  of  dust  creating  machinery  in 
workshops  and  factories; 

12.  The    conducting   of   a   pharmacy,   or   re- 
tail   drug   or    chemical    store,    or    the    dispensing 
or  selling  of  drugs,  chemicals,  poisons  or  pharma- 
ceutical preparations  therein; 

13.  The  failure  to  place  and  keep  in  a  sani- 
tary condition  a  bakery,  confectionery,  creamery, 
dairy,   dairy  barn,   milk   depot,   laboratory,   hotel, 
restaurant,  eating  house,  packing  house,  slaughter 
house,  ice  cream  factory  or  place  where  a  food 
product    is    manufactured,    packed,     stored,    de- 
posited, collected,  prepared,  produced  or  sold  for 
any  -purpose.      (R.    S.    Sees.    306a,    3718a;     97    v. 
397,  Sec.  9;    99  v.  32,  Sec.  3;    99  v.  507,  Sees.  77, 
78;     100  v.  15,  Sec.  4;     100  v.  64,  Sec.  6.) 


Justices,   Police  Judges  and    Mayors. 

137 


JUSTICES,     POLICE     JUDGES     AND     MAYORS. 

Section  13432.  [When  imprisonment  is  a  part 
of  the  punishment  a  jury  shall  be  impaneled.]  In 

prosecutions  before  a  justice,  police  judge  or 
mayor,  when  imprisonment  is  a  part  of  the  pun- 
ishment, if  a  trial  by  jury  is  not  waived,  the 
magistrate,  not  less  than  three  days  nor  more 
than  five  days  before  the  time  fixed  for  trial, 
shall  certify  to  the  clerk  of  the  court  of  common 
pleas  of  the  county  that  such  prosecution  is 
pending  before  him.  (R.  S.  Sec.  3718a.) 

Section  13433.  [Clerk's  duties.]  Thereupon 
the  clerk,  in  the  presence  of  representatives  of 
both  parties,  shall  draw  from  the  jury  wheel  or 
box  containing  the  names  of  persons  selected  :o 
serve  as  petit  jurors  in  the  court  of  common 
pleas  in  such  county,  twenty  names  which  shall 
be  drawn  and  counted  in  a  like  manner  as  for 
jurors  in  the  court  of  common  pleas.  The  clerk 
shall  forthwith  certify  the  names  so  drawn  to 
the  magistrate,  who,  thereupon,  shall  issue  to 
any  constable,  chief  of  police  or  marshal  in  the 
county,  a  venire  containing  the  names  of  the 
persons  to  serve  as  jurors  in  the  case  and  make 
due  return  thereof.  (R.  S.  Sec.  3718a.) 

Section  13434.     [Jurors.]     The  jurors  shall  be 
subject  to  like  challenges  as     jurors  in  criminal 
cases,  except  capital  cases  in  the  court  of  com- 
mon  pleas.     If  the  venire  is   exhausted  without 
139 


140 

obtaining  the  number  required  to  fill  the  panel, 
the  magistrate  shall  fill  the  panel  .with  talesmen 
in  the  manner  provided  for  criminal  cases  in 
the  court  of  common  pleas.  (R.  S.  Sec.  3718a.) 

Section  13435.  [Second  or  subsequent  of- 
fense.] In  such  prosecutions,  where  a  different 
punishment  is  provided  for  a  second  or  subse- 
quent offense,  the  information  or  affidavit  upon 
which  the  prosecution  is  based,  must  charge  that 
it  is  the  second  or  subsequent  offense  or  the 
punishment  shall  be  as  for  the  first  offense.  (R. 
S.  Sec.  3718a.) 

Section  13436.  [Jurisdiction  and  power  of 
constables,  etc.]  In  pursuing  or  arresting  a  de- 
fendant and  in  subpoenaing  the  witnesses  in 
su'ch  prosecutions,  the  constable,  chief  of  police, 
marshal,  or  other  court  officer  shall  have  like 
jurisdiction  and  power  as  the  sheriff  in  criminal 
cases  in  the  common  pleas  court,  and  he  shall  re- 
ceive like  fees  therefor.  (R.  S.  Sec.  3718a.) 

Section  13437.  [New  trial.]  In  such  prose- 
cutions, if  there  is  a  verdict  for  conviction,  a  new 
trial  may  be  granted  for  like  reasons  and  subject 
to  like  conditions  as  a  new  trial  in  criminal  cases 
in  the  court  of  common  pleas.  (R.  S.  Sec.  3718a.) 

Section  13438.  [Fees  of  jurors  and  witnesses.] 
In  such  prosecutions,  the  jurors  and  the  wit- 
nesses shall  be  entitled  to  like  mileage  and  fees 
as  in  criminal  cases  in  the  court  of  common 
pleas.  (R.  S.  Sec.  3718a.) 


141 

Section  13439.  [Costs.]  In  such  prosecu- 
tions, no  costs  shall  be  required  to  be  advanced 
or  secured  by  a  person  authorized  by  law  to 
prosecute.  If  the  defendant  be  acquitted  or  dis- 
charged from  custody  by  nolle  or  otherwise,  or 
convicted  and  committed  in  default  of  paying 
fine  and  costs,  all  costs  of  such  case  shall  be 
certified  under  oath  by  the  trial  magistrate  to 
the  county  auditor,  who,  after  correcting  errors 
therein,  shall  issue  a  warrant  on  the  county 
treasury  in  favor  of  the  person  to  whom  such 
costs  and  fees  are  payable.  All  moneys  which 
are  to  be  paid  by  the  county  treasurer  as  pro- 
vided in  this  chapter  shall  be  paid  out  of  the 
general  revenue  firnd  of  such  county.  (R.  S.  Sec. 
3718a.) 


Index. 

143 


Sections. 

Abandoned  mines  —  precautions  when  ap- 
proaching    938 

Accidents  — 

fatal  —  duty  of  inspectors 907 

fatal  —  notice  to  chief  inspector  and 

coroner  940 

fatal  —  coroner's  duty  921 

superintendent's  duty  951 

provisions  for  persons  injured 93-1 

action  in  case  of 972 

Access  to  mines  by  inspectors 912 

Action  for  non-compliance  with  Statutes.  916 

Act  shall  not  create  new  office,  etc 920 

Additional  openings   950 

Annual  report  of  chief  inspector  to  Gov- 
ernor    908 

Annual  report  of  owner,  lessee  or  agent 

to  chief  inspector 940 

Appointments  — 

chief  inspector  and  qualifications 898-899 

district  inspectors  and  qualifications.  900-901 
Assistant  mine-foreman  — 

duties  of .952,  953,   959 

penalty  for  non-compliance 970 

Automatic  doors  923 ,  943 ,  958 

B. 

Blasting 956 

Blasting  powder    962-963 

Boilers  —  location  of   944 

10  145 


146 

Bonds  —  Sections. 

chief  and  district  inspectors 903 

weighmaster   •       966 

Board  of  examiners 918-919 

Breakthroughs    926 

Brattices    .  926 


C. 

Cages  — 

Safe  appliances   927 

protection  of,  etc 928 

lowering  and  hoisting,    No.  persons, 

etc 929,   959 

Caution  board    959 

Checkweigbmen  — 

duties  of 970 

penalty  for  non-compliance 976 

Check-measurer  — 

duties  of 970 

penalty  for  non-compliance 976 

Closing  of  doors 923,   943,  958 

Committee  of  miners  —  report  of 906,   967 

Code  of  signals 942 

Conveying  of  explosives 962 

Construction  of  new  mines 949 

Copper  tools  963 

Coroner  — 

duties  of 921 

penalty  for  non-compliance 976 

Coal  dust  — 

duty  of  owner,  lessee  or  agent 944 

duty  of  miner 956 

Combustible  matter  —  removal  of 944,   956 


147 


Sections. 

Complaint  against  chief  and  district  in- 
spectors    918-919 

Crossing  public  highway 971 

Controversy  or  disagreement  between  dis- 
trict inspector  and  owner,  lessee 
or  agent  910 

D. 

Damages  caused  by  examination 969 

Dangerous  places  fenced  — 

duty  of  owner,  lessee  or  agent 925 

duty    of    superintendent    and    mine- 
foreman  952 

duty  of  miner 956 

Danger  signal 925 ,  959 

Defraud  —  intent  to   960 

Detaching  locomotive  —  traveling  ways . .  932 
Disagreement  between   district  inspector 

and  owner,  lessee  or  agent 910 

District  inspectors  as  sealers  of  weights 

and  measures  910 

Discretionary  power  of  mining  depart- 
ment    911 

Doors    923,  943,  958 

Drivers   958 

Dust  and  fine  coal  — 

duties  of  owner,  lessee  or  agent 944 

duty  of  miner  956 

Duties  of  assistant  mine-foreman. .  .952,  953,  959 
Duties     of     chief     and     district     inspec- 
tors    902,  906,  907,  909 

Duties  of  chief  and  district  inspectors  re- 
lating to  oil  and  gas  wells 914 


148 


Sections. 

Duties  of  coroner 921 

Duties  of  check-weighman 970 

Duties  of  check-measurer 970 

Duties  of  employes 956 

Duties  of  fire-boss 925,   955,  959 

Duties  of  machine-men 957 

Duties  of  miners 956 

Duties  of  mine-foreman 952,   953,  959 

Duties  of  over-seer 954,  965 

Duties  of  recorder 921,   937 

Duties  of  superintendent 951 

Dirties  of  stableman 955 

Duties  of  trip-riders  and  motormen.943,   958,   961 

Duties  of  weighmaster 966 

(For  penalties,  see  Section  976.) 

E. 

Egress  when  inundation  is  probable 932 

Electricity  — 

application  of    947-948 

discretionary  power  of  chief  and  dis- 
trict inspectors 911 

Emergency  appliances 927 

Engineers   927 

Employes  —  duties  of   956 

Examination   of   mine  —  damages   caused 

by 969 

Examination  and  survey  of  mine 969 

Examination  of  working  places  — 

duty  of  owner,  lessee  or  agent 925 

duty  of  mine-foreman 952 

duty  of  fire-boss 955 

duty  of  miner 956 


149 

Sections. 

Examination     of     other     than     working 

places    925 

Examination    of    machinery,     ventilating 

current   967 

Examination  of  mine  by  fire-boss.  ..925,   955,  959 
Examination  of  mine — right  of  employes. 906,   967 

Examiners  —  board  of  918-919 

Explosives   962-963 

F. 

Fatal  -accidents  — 

duty  of  inspectors 907 

notice  to  chief  inspector  and  coroner.  940 

coroner's  duty    921 

superintendent's  duty   951 

provisions  for  934 

action  in  case  of 972 

Fire-boss  —  duties  of 925 ,   955 ,   959 

Fire  protection  to  shafts 930 

Fire-damp  —  relating  to   922,  924, 

925,    926,    934,    938,    940,    952,   956,   959 

Fire  in  stable  —  must  not  be  taken  into. .  960 

Fine  coal  or  coal  dust  — 

duty  of  owner,  lessee  or  agent 944 

duty  of  miner 956 

Fines  collected 977 


G. 


Gauges  —  pressure    924 

Gasoline  in  mines 946 


150 

LJ 

Sections. 

Haulage  —  rope    943,  958 

Haulage  trips  —  persons  not  permitted  to 

ride    961 

Hoisting  and  lowering  of  persons 929,  959 

I. 

Illuminating  oil   974-975 

Injured  persons  —  provisions  for 934 

Inundation    932 ,  938 

Inexperienced  miners 96f> 

Injuries  to  mine 960 

Intoxicants  —  prohibition  of   959 

Intent  to  defraud 960 

Injury  to  persons  or  property  —  right  of 

action    972 

L. 

Lamps  —  size  of    961 

Lien  on  property  for  labor 972 

Lights   in   mines 943 

Light  or  signal  on  locomotive  and  train . .  943 

Loitering    959 

Lowering  and  hoisting  of  persons 929,  959 

Locomotives  in  mines 943,  958 

Maps  — 

duty  of  chief  inspector 917 

duty  of  owner,  lessee  or  agent 935 

addition  to  previous  map 936 

abandoned  mine  map 937 

persons  entitled  to  examine 904 


151 

Sections. 

Machine  men  —  duties  of 957 

Machine  shields  — 

duty  of  owner,  lessee  or  agent 941 

duty  of  machine  men 957 

Miners  —  duties   of    956 

Mine-foreman  —  duties  of   952,   953,  959 

Miner  —  qualifications  of   965 

Miner  —  inexperienced    965 

Minors  employed  — 

duty  of  inspectors 912 

duty  of  owner,  lessee  or  agent 944 

duty-  of  mine-foreman ; 953 

Mines,   new  —  construction  of 949 

Mine  lamps  961 

Mine  committee  report 906 ,  967 

Motormen     and     trip-riders  —  duties     of 

943,    958,  961 

Monthly  report  of  mine-foreman  to  chief 

inspector    953 

N. 

New  mines  —  construction  of 949 

Notice  to  chief  inspector  —  when  must  be 

given  939 

Notice  to  chief  inspector  and  coroner  of 

accidents  940 

Non-compliance  with  Statutes  —  action 

for  916 

on- 

illuminating    974 .  975 

quantity  allowed   in   mine.. ...,  944 


152 


Sections. 

Oil  lamp  —  size  of 961 

Oil  and  gas  wells  through  coal  measures.  973 
Oil  and  gas  wells  —  duty  of  chief  and  dis- 
trict inspectors  relating  thereto.  .  914 
Openings  — 

additional 950 

second    930 

Over-seer  —  duties  of   954 ,   965 

p 

Penalties  — 

County  coroner   976 

Check-weighman    976 

Check-measurer   976 

Employes   976 

Fire-boss    976 

Foreman   976 

Mine-foreman    976 

Non-employes   976 

Owner,  lessee  or  agent 976 

Over-seer   976 

Oil  and  gas  well  companies 976 

Oil  manufacturers  976 

Oil  dealers    976 

Oil   (Persons  using  illegal) 976 

Superintendent    976 

Stableman   ^  .  976 

Weighmaster   976 

Persons  injured  —  provisions  for 934 

Persons  on  cage  —  number  allowed 929 ,  959 

Persons   not   permitted    to    ride    haulage 

trips   961 

Persons  not  employes  —  relating  to 964 


15S 

Sections. 

Powder    962-963 

Pressure  gauges    924 

Precautions   approaching  abandoned 

mines 938 

Prosecutions   978 

Q. 

Quantity  of  hay  allowed  in  mine 945 

Quantity  of  oil  allowed  in  mine 944 

Quantity  of  gasoline  allowed  in  mine.  . .  .  946 

Quantity  of  powder  allowed  in  mine 962 

Qualifications  of  miner ' 965 

Qualifications  and  appointment  of  chief 

inspector  898-899 

Qualifications  and  appointment  of  district 

inspectors    900-901 

R. 

Recorder's  duty  921 ,   937 

Records  —  who   entitled   to   examine 904 

Repeals    978 

Report  of  fire-boss 925,   955,  959 

Report  of  owner,  lessee  or  agent  to  chief 

inspector     939,   940 

Report  of  chief  inspector  to  governor  — 

annual 908 

Report  of  mine  committee 906,  967 

Report  of  mine-foreman  to  chief  inspec- 
tor ,   monthly    953 

Rescue  apparatus   915 

Refuge  holes  931 

Rope  haulage 943 ,   958 

Roof  —  miner  shall  prop ,  etc 956 


154 

Sections. 

Safe  appliances  for  hoisting  persons 927 

Safety  appliances   928 

Speaking  tube   928 

Safety  lamps  — 

when  owner   shall  provide 941 

oil  for  use  in 975 

Salary  of  chief  and  district  inspectors 905 

Scales   910,   941 

Second  opening   930 

Shields  —  machine  — 

duty  of  owner,  lessee  or  agent 941 

duty  of  machine  men 957 

Signals  — • 

code  of  942 

locomotive  943 

danger    925 ,   955 ,   959 

persons   designated   to   give  and  re- 
ceive      929 

Stables  —  underground  — 

construction  of  945 

fire  must  not  be  taken  into 960 

stablemen  —  duties  of 955 

Superintendent's  duties 951 

Surveying  party  —  transportation  of 969 

Survey  of  mine  and  examination 969 

T. 

Tamping  tools  —  kind  permitted 963 

Test  weights 941 

Timber  — 

duty  of  owner,  lessee  or  agent 933 

duty   of   mine-foreman 953 

duty  of  miners .-  956 


155 

Sections. 

Trip    riders    and    motormen  —  duties 

of 943,   958,  961 

Traveling  ways  and  refuge  holes 931,  932 

Traveling  ways  —  duty  of  employes 959 

Transportation  of  surveying  party 969 

U. 

Underground  stables  — 

construction  of    ..'...       .  945 

fire  must  not  be  taken  into 960 

stablemen  —  duties  of  955 

V. 

Ventilation  — 

dutiesof  owner,  lessee  or  agent.  .922,'  923,  924 

duty  of  mine-foreman 952 ,  953 

report  of  mine  committee 906,  967 

W. 

Weigh  scales   910,  941 

Weighmaster  —  duties  of  966 

Weights  and  measures  —  sealers  of 910 

Withdrawal  of  persons  from  mine 959 

When  act  takes  effect 978 

Who  entitled  to  examine  maps,   records, 

etc 904 

Working  places  —  examination  of  — 

duty  of  owner,   lessee  or  agent 925 

duty  of  mine-foreman 952 

duty  of  fire-boss 955 

duty  of  miner 956 


AMENDED   SECTIONS    973,    974   AND 
976    OF  THE   GENERAL   CODE. 


(Senate  Bill  No.  205.) 
AN  ACT 

To    amend    section    973    of   the    general    code,    regulating 
the  location  of  oil  and  gas  wells. 

Be  it  enacted  by  the  General  Assembly  of  the  State  of 
Ohio: 

Section  1.  That  section  973  of  the  general  code,  as 
amended  April  5,  1910,  be  amended  to  read  as  follows: 

Sec.  973.  Any  person,  firm  or  corporation  causing  to 
be  drilled  any  well  for  oil  or  gas  or  elevator  well  or 
any  test  well  within  the  limits  of  any  coal  producing 
county  of  this  state,  must  give  notice,  in  writing,  of 
such  fact  to  the  chief  inspector  of  mines,  stating  the 
location  of  the  land  upon  which  such  well  is  to  be 
drilled. 

It  shall  be  the  duty  of  any  such  person,  firm  or  cor- 
poration to  make  or  cause  to  be  made  an  accurate  map 
on  a  scale  of  one  inch  to  four  hundred  feet,  showing 
on  said  map  the  location  and  number  of  wells,  the 
property  lines  of  the  property  upon  which  located  in  the 
township,  section  and  quarter  section  in  which  the  same 
is  being  drilled,  together  with  a  measurement  from  the 
section  line  and  also  from  the  quarter  section  line,  to- 
gether with  the  sworn  statement  of  the  person,  firm  or 
corporation  making  said  map,  the  same  to  be  kept  on 
file  in  the  office  of  the  state  mining  department  and 
shall  be  open  for  inspection  by  the  public  at  all  reason- 
able hours.  The  original  map  shall  be  retained  by  the 
owner  or  surveyor  and  one  blue  print  filed  with  the  chief 
inspector  of  mines  and  one  with  the  recorder  of  the 
county  in  which  such  well  is  located  within  sixty  days 
after  the  passage  and  approval  of  this  act,  or  after 
commencing  to  drill  any  oil  or  gas  well,  and  if  drilling- 
is  still  continued  on  the  property  already  surveyed,  a 
complete  blue  print  shall  be  made  and  filed  at  the  end 
of  each  year. 

No  oil  or  gas  well  shall  be  drilled  nearer  than  three 
hundred  feet  to  any  opening  to  a  mine  used  as  a 
means  of  ingress  or  egress  for  the  persons  employed 
therein,  nor  nearer  than  one  hundred  feet  to  any  build- 
ing or  inflammable  structure  connected  therewith  and 
actually  used  as  a  part  of  the  operating  equipment  of 
said  mine. 

In  the  event  that  a  well  being  drilled  for  oil  or  gas 
penetrates  the  excavations  of  any  mine,  it  must  be  cased 
with  casing  of  approximately  the  same  diameter  as  the 
diameter  of  the  hole,  the  hole  to  be  drilled  thirty  feet 


or  to  solid  slate  or  rock  and  not  less  than  ten  feet 
below  the  floor  of  such  mine,  and  the  casing  shall  be 
placed  in  the  following  manner;  one  string  of  casing 
shall  be  placed  at  a  point  above  the  roof  of  said  mine 
so  as  to  shut  off  all  of  the  surface  water  and  then  the 
hole  drilled  through  said  mine  and  another  string  of 
casing  put  in  and  the  bottom  of  the  second  string  of 
casing,  or  the  one  passing  through  said  mine  shall  not 
be  nearer  than  ten  feet  or  more  than  thirty  feet  from 
the  floor  of  the  mine  where  it  passes  through  the  same. 

When  an>  well  which  has  been  drilled  for  oil  or  gas 
is  to  be  abandoned  and  has  passed  through  the  excava- 
tions of  any  coal  mine  from  which  the  mineable  coal 
has  not  all  been  removed  the  person,  firm  or  corpora- 
tion owning  said  well  shall  leave  in  said  well  the  cas- 
ing passing  through  said  mine  from  a  point  not  less  than 
ten  feet  or  more  than  thirty  feet  below  the  floor  of  said 
mine  and  extending  above  the  roof  of  said  mine  five 
feet  and  a  seasoned  wooden  plug  or  iron  ball  shall  be 
driven  to  a  point  forty  feet  below  the  floor  of  the  mine 
and  shall  then  fill  the  hole  and  the  casing  left  in  with 
the  cement  or  a  seasoned  wooden  plug  or  iron  ball  shall 
be  driven  on  top  of  the  same,  and  the  hole  shall  then  be 
filled  for  a  "distance  of  not  less  than  twenty  feet  with 
cement.  If  any  oil  or  gas  well  has  passed  through  a 
workable  vein  or  seam  of  coal  it  shall  when  it  is 
abandoned  be  plugged  in  the  following  manner;  a 
seasoned  wooden  plug  or  iron  ball  shall  be  driven  to  a 
point  thirty  feet  below  the  lowest  workable  seam  of  coal 
and  the  hol,e  filled  with  cement  to  a  point  twenty  feet 
above  the  first  seam  of  coal  and  another  wooden  plug 
or  iron  ball  driven  and  the  hole  filled  for  a  distance  of 
twenty  feet  with  cement. 

The  property  owner  or  owners  shall  report  to  the 
chief  inspector  of  mines  of  the  commencing  to  drill  of 
any  well  or  wells  for  oil  or  gas  on  his  or  their  property 
and  shall  report  at  the  end  of  each  year  thereafter  if 
drilling  is  continued  the  number  of  wells  drilled  on 
his  or  their  property,  the  date  drilled  and  by  whom 
drilled. 

When  any  oil  or  gas  well  is  to  be  abandoned,  the 
person,  firm  or  corDoration  having  drilled  or  operated 
such  well,  shall  notify  the  chief  inspector  of  mines,  at 
least  ten  days  in  advance  so  that  he  may  direct  one  of 
his  district  inspectors  to  be  present  at  the  time  of 
abandonment. 

Section  2.  That  said  original  section  973  of  the  gen- 
eral code,  as  amended  April  5,  1910,  bf-  and  the  same  is 
hereby  repealed. 

S.    J.   VINING, 

Speaker    of    the     House    of 
Representatives. 

HUGH    L.    NICHOLS, 

President  of  the   Senate. 
Passed   May   31,    1911. 
Approved  June  12,  1911. 

JUDSON    HARMON,    Governor. 


STATE    MINING    DEPARTMENT 
COLUMBUS 


NOTICE. 

Columbus,   O.,   June  5,  1911. 

To  Manufacturers  of  Illumlnants  to  be  used  in  mines  in 
the  State,  to  Retail  Dealers,  to  Mine  Operators, 
Mine  Managers  and  Employes  in  mines: 

The  following  Bill  is  now  a  law  and  repeals  Sections 
974  and  976  of  the  Mining  Code,  which  became  a  law 
June  11,  1910,  and  takes  the  place  of  said  sections. 

The  mine  foreman  or  person  in  charge  of  any  mine 
in  the  State  is  hereby  Mtifted  that  he  will  be  held  re- 
sponsible to  see  that  no  illuminant,  not  specifically  pro- 
vided for  in  this  Bill,  or  other  sections  of  the  Mining 
Code,  be  permitted  in  any  mine  under  his  jurisdiction. 
If  the  Inspector  hereafter  finds  any  illuminant  in  any 
mine  not  specifically  provided  for  by  law,  he  will  at 
once  institute  proceedings  against  the  mine  foreman  in 
charge  of  the  underground  work,  and  no  excuse  of  ig- 
norance of  the  law  will  be  accepted. 
Very  respectfully, 

GEORGE    HARRISON, 

Chief    Inspector   of    Mines. 


79th  General  Assembly,  1 

Substitute  S.   B.   No.  192 

Regular  Session,  1911.  ) 

MR.   KRAUSE. 
A   BILL 

To  amend   Section   974   of   the   General   Code,    relating  to 
illuminating  oils  for  mines. 

Be   it  enacted   by  the   General   Assembly  of  the  State   of 
Ohio: 

Section  1.  That  sections  974  and  976  of  the  General 
Code  be  amended  to  read  as  follows: 

Sec.  974.  No  person,  firm  or  corporation  shall  com- 
pound, sell  or  offer  for  sale  for  illuminating  purposes 
in  any  coal  mine,  any  oil  other  than  oil  composed  of  not 
less  than  eighty-four  per  cent,  of  pure  animal  or  veg- 
etable oil,  or  both,  and  not  more  than  sixteen  per  cent, 
pure  mineral  oil.  The  gravity  of  such  animal  or  veg- 
etable oil  shall  not  be  less  than  twenty-one  and  one- 
half,  and  not  more  than  twenty-two  and  one-half  degrees 
Baume  scale,  measured  by  Tagliabue  or  other  standard 


hydrometer,  at  a  temperature  of  sixty  degrees  Fahren- 
heit; the  gravity  of  such  mineral  oil  shall  not  be  less 
than  thirty-four,  and  not  more  than  thirty-six  degrees 
Baume  scale,  measured  by  Tagliabue  or  other  standard 
hydrometer,  at  a  temperature  of  sixty  degrees  Fahren- 
heit, and  the  gravity  of  the  mixture  shall  not  exceed 
twenty-four  degrees  Baume  scale,  measured  by  Tagliabue 
or  other  standard  hydrometer  at  a  temperature  of  sixty 
degrees  Fahrenheit. 

Each  person,  firm  or  corporation  compounding  oil 
for  illuminating  purposes  in  a  coal  mine,  or  mines,  shall, 
before  shipment  thereof  is  made,  securely  brand,  stencil 
or  paste  upon  the  head  of  each  barrel  or  package,  a 
label  which  shall  have  plainly  printed,  marked  or  written 
thereon,  the  name  and  address  of  the  person,  firm  or 
corporation,  having  purchased  same,  the  date  of  ship- 
ment, the  percentage  and  the  gravity  in  degrees  Baume 
scale,  at  a  temperature  of  sixty  degrees  Fahrenheit, 
of  each  of  the  component  parts  of  animal,  vegetable  and 
mineral  oil  contained  in  the  mixture,  and  the  gravity  in 
degrees  Baume  scale  at  a  temperature  of  sixty  degrees 
Fahrenheit  of  the  mixture. 

Each  label  shall  have  printed  thereon,  over  the 
facsimile  signature  of  the  person,  firm  or  corporation 
having  compounded  the  oil,  the  following:  "This  pack- 
age contains  oil  for  illuminating  purposes  in  coal  mines 
in  the  state  of  Ohio,  and  the  composition  thereof  as 
shown  hereon  is  correct."  Each  person,  firm  or  corpora- 


person,  firm  or  corporation,  manufacturing  paraffme  wax 
therein  contained;  the  name  and  address  of  the  person, 
firm  or  corporation,  having  purchased  the  same,  and  the 


date  of  shipment.  And  each  individual  package  contained 
within  each  barrel,  box  or  case,  shall  have  plainly 
printed  thereon,  the  name  of  product,  the  name  and 
address  of  the  manufacturer  thereof,  together  with  the 
melting  point,  fire  test,  and  the  percentage  of  oil  and 
moisture  of  the  paraffine  wax  therein  contained. 


consent   ana    approval    or   ine   cnier    inspector   OT    mines. 

Sec.  976.  Any  county  coroner  who,  after  receiving 
notice  of  a  fatal  accident,  or  of  an  accident  which  has 
resulted  In  the  death  of  a  person,  at,  in,  or  around  a 
mine,  from  the  owner,  lessee  or  agent  of  such  mine,  or 
the  cWef  inspector  of  mines,  willfully  refuses  or  neg- 


lects  to  comply,  so  far  as  such  provisions  relate  to  him, 
with  the  provisions  of  section  nine  hundred  and  twenty- 
one  of  the  General  Code,  shall,  upon  conviction  thereof, 
be  fined  not  less  than  twenty-five  dollars  nor  more  than 
fifty  dollars,  at  the  discretion  of  the  court. 

Any  owner,  lessee  or  agent  of  a  mine,  or  any  person, 
firm  or  corporation  opening  a  new  mine,  having  written 
knowledge  of  a  violation  of  this  act,  who  willfully  re- 
fuses or  neglects  to  comply  with  the  provisions  of  sec- 
tion nine  hundred  and  twenty-two,  nine  hundred  and 
twenty-three,  nine  hundred  and  twenty-four,  nine  hun- 
dred and  twenty-five,  nine  hundred  and  twenty-six,  nine 
hundred  and  twenty-seven,  nine  hundred  and  twenty- 
eight,  nine  hundred  and  twenty-nine,  nine  hundred  and 
thirty,  nine  hundred  and  thirty-one,  nine  hundred  and 
thirty-two,  nine  hundred  and  thirty-three,  nine  hundred 
and  thirty-four,  nine  hundred  and  thirty-seven,  nine 
hundred  and  thirty-eight,  nine  hundred  and  thirty-nine, 
nine  hundred  and  forty,  nine  hundred  and  forty-one, 
nine  hundred  and  forty-two,  nine  hundred  and  forty- 
three,  nine  hundred  and  forty-four,  nine  hundred  and 
forty-five,  nine  hundred  and  forty-six,  nine  hundred  and 
forty-seven,  nine  hundred  and  forty-eight,  nine  hun- 
dred and  forty-nine,  nine  hundred  and  fifty,  or  nine 
hundred  and  seventy-one  of  the  General  Code,  shall, 
upon  conviction  thereof,  be  fined  not  less  than  twenty- 
five  dollars  nor  more  than  fifty  dollars,  and  for  a  second 
or  any  subsequent  offence  shall  be  fined  not  less  than 
fifty  dollars  nor  more  than  one  hundred  dollars,  at  the 
discretion  of  the  court. 

Any  superintendent,  mine-foreman,  foreman  or  over- 
seer, who  willfully  refuses  or  neglects  to  comply,  so  far 
as  such  provisions  relate  to  each  of  them  with  the  pro- 
visions of  section  nine  hundred  and  fifty-one,  nine  hun- 
dred and  fifty-two,  nine  hundred  and  fifty-three,  and 
nine  hundred  and  fifty-four  of  the  General  Code,  shall 
upon  conviction  thereof,  be  fined  not  less  than  ten 
dollars  nor  more  than  twenty-five  dollars,  and  for  a 
second  or  subsequent  offense,  shall  be  fined  not  less 
than  ten  dollars  nor  more  than  twenty-five  dollars,  or 
imprisoned  not  less  than  ten  days  nor  more  than  twenty 
days,  or  both,  at  the  discretion  of  the  court. 

Any  person  or  persons  who  willfully  refuses  or  neg- 
lects to  comply  with  the  provisions  of  section  nine 
hundred  and  fifty-five  of  the  General  Code,  or  enters  a 
mine  generating  fire  damp  before  it  is  reported  by  the 
fire  boss  that  it  is  safe  for  persons  to  enter,  or  goes 
beyond  a  danger  signal  indicating  an  accumulation  of 
fire  damp,  as  forbidden  by  the  provisions  of  section  nine 
hundred  and  fifty-nine  of  the  General  Code,  shall,  upon 
conviction  thereof,  be  fined  not  less  than  twenty-five 
dollars  nor  more  than  fifty  dollars,  and  for  a  second  or 
any  subsequent  offense  shall  be  fined  not  less  than 
twenty-five  dollars  nor  more  than  fifty  dollars,  or  im- 
prisoned not  less  than  ten  days  nor  more  than  twenty 
days,  or  both,  at  the  discretion  of  the  court. 

Any  person,  or  persons,  who  violates  the  provisions 
of  sections  nine  hundred  and  fifty*sU,  nine  hundred  and 


fifty-seven,  nine  hundred  and  fifty-eight,  nine  hundred 
and  sixty,  nine  hundred  and  sixty-one,  or  nine  hun- 
dred and  sixty-two  of  the  General  Code,  or  violates  the 
provisions  of  section  nine  hundred  and  fifty-nine  of  the 
General  Code  other  than  to  enter  a  mine  generating 
fire-damp  before  the  fire  boss  reports  it  safe,  or  to  go 
beyond  a  danger  signal  indicating  an  accumulation  of 


imprisoned    not   less    than   five   days   nor   mor 
days,  or  both,  at  the  discretion  of  the  court. 

Any  person  who  willfully  violates  the  provisions  of 
sections  nine  hundred  and  sixty-four,  nine  hundred  and 
sixty-five,  nine  hundred  and  sixty-six,  nine  hundred  and 
sixty-seven,  or  nine  hundred  and  seventy  of  the  General 
Code,  or  violates  the  provisions  of  section  nine  hundred 
and  fifty-nine  of  the  General  Code  relating  to  loitering 
and  intoxicants,  at,  in  or  around  a  mine,  shall,  upon 
conviction  thereof,  be  fin^d  not  less  than  five  dollars, 
nor  more  than  ten  dollars,  and  for  a  second  or  any 
subsequent  offense  shall  be  fined  not  less  than  five 
dollars  nor  more  than  ten  dollars,  or  imprisoned  not 
less  than  five  days  nor  more  than  ten  days,  or  both,  at 
the  discretion  of  the  court. 

Any  person,  firm  or  corporation  who  violates  or  will- 
fully refuses  or  neglects  to  comply  with  the  provisions 
of  section  nine  hundred  and  seventy-three  of  the  Gen- 
eral Code,  shall  upon  conviction  thereof,  be  fined  not 
less  than  one  hundred  dollars  and  not  more  than  five 
hundred  dollars,  and  for  a  second  or  any  subsequent 
offense  shall  be  fined  not  less  than  two  hundred  dollars 
and  not  more  than  one  thousand  dollars,  or  imprisoned 
not  less  than  thirty  days  nor  more  than  six  months,  at 
the  discretion  of  the  court. 

Any  person,  firm  or  corporation  who  compounds, 
sells  or  offers  for  sale  to  dealers  any  oil  or  paraffine 
wax;  fish  oil  or  any  other  illuminant  whatever,  other 
than  those  specifically  provided  for  in  section  974  Gen- 
era! Code  unless  with  the  consent  and  approval  of  the 
chief  inspector  of  mines,  for  illuminating  purposes  in 
any  mine  in  this  state  contrary  to  the  provisions  of 
sections  nine  hundred  and  seventy-four  and  nine  hun- 
dred and  seventy-five  of  the  General  Code,  shall  uoon 
conviction  thereof,  be  fined  not  less  than  fifty  dollars 
nor  more  than  one  hundred  dollars  and  for  a  second 
or  any  Subseauent  offense  shall  be  fined  not  less  than 
one  hundred  dollars  nor  more  than  two  hundred  dollars, 
or  imprisoned  not  less  than  thirty  days  nor  more  than 
sixty  days,  or  both,  at  fhe  discretion  of  the  court. 

Any  person,  firm  or  corporation  who  sells,  or  offers 
for  sale  to  any  employe  of  a  mine  for  illuminating  pur- 
poses in  a  mine  any  oil  or  paraffine  wax.  fsh  oil  or  any 
other  iHuminant,  other  than  those  specifically  provided 
for  In  section  nine  hundred  and  seventy-four  of  the 
General  Code  unless  with  the  consent  and  approval  of 
the  chief  Inspector  of  mines  contrary  to  the  provisions 


of  sections  nine  hundred  and  seventy-four  and  nine 
hundred  and  seventy-five  of  the  General  Code,  shall 
upon  conviction  thereof,  be  fined  not  less  than  twenty- 
five  dollars  nor  more  than  fifty  dollars,  and  for  a  sec- 
ond or  any  subsequent  offense  shall  be  fined  not  less 
than  twenty-five  dollars  nor  more  than  fifty  dollars,  or 
imprisoned  not  less  than  ten  days  nor  more  than  twenty 
days,  or  both,  at  the  discretion  of  the  court. 

Any  person  who  knowingly  uses  for  illuminating 
purposes  in  a  mine,  any  oil  or  paraffine  wax,  fish  oil 
or  any  other  illuminant  whatever  other  than  those 
specifically  provided  for  in  section  nine  hundred  and 
seventy-four  of  the  General  Code,  unless  with  the  con- 
sent and  approval  of  the  chief  inspector  of  mines,  con- 
trary to  the  provisions  of  sections  nine  hundred  and 
seventy-four  and  nine  hundred  and  seventy-five  of  the 
General  Code,  shall,  upon  conviction  thereof,  be  fined 
not  less  than  five  dollars  nor  more  than  ten  dollars,  and 
for  a  second  or  any  subsequent  offense  shall  be  fined  not 
less  than  five  dollars  nor  more  than  ten  dollars,  or  im- 
prisoned not  less  than  five  days  nor  more  than  ten  days, 
or  both,  at  the  discretion  of  the  court. 

Section  2.  That  said  original  sections  974  and  976 
of  the  General  Code  be  and  the  same  are  hereby  re- 
pealed. 

PRICE   RUSSELL, 

Speaker  pro  tern  of  the  House 
of  Representatives. 

HUGH    L.   NICHOLS, 

President  of  the  Senate. 
Passed  May  17,  1911. 

This  bill  was  presented  to  the  Governor  May  17,  1911, 
and  was  not  signed  or  returned  to  the  house  wherein  it 
originated  within  ten  days  after  being  so  presented, 
exclusive  of  Sundays  and  the  day  said  bill  was  presented, 
and  was  filed  in  the  office  of  the  Secretary  of  State 
June  1,  1911. 

JOHN  W.   DEVANNEY, 

Veto  Cleric 


Date  Due 


PRINTED      IN  U.  S.  A 


{J20YE3SI7Y  o 

ANGSL&S 


